What are conditions for transfer of the mining right in Vietnam? What documents are necessary for transfer of the mining right?
Conditions for transfer of the mining right
Transfer of mining rights
According to Article 66 of the Mineral Law 2010 of Vietnam on transfer of the mining right, specifically:
- Organizations and individuals licensed for mining that have completed capital construction work and put mines into operation may transfer the mining right.
- Transferees of the mining right must satisfy all conditions for the grant of mining licenses.
- Transfer of the mining right must be approved by a state management agency competent to grant mining licenses. If obtaining such approval, transferees of the mining right will be granted new mining licenses.
Simultaneously, pursuant to Clause 1 Article 37 of Decree 158/ND-CP of Vietnam on transfer of the mining right, conditions for transfer of the mining right are stipulated as follows:
- Conditions for transfer of the mining right:
+ The transferee is qualified as prescribed in clause 1, Article 51 and clause 2, Article 53 of the Law on mineral;
+ By the time of transfer, the licensed mining entity has finished works as prescribed in clause 1, Article 66 and the obligations as prescribed at points a, b, c, d, e and g, clause 2, Article 55 of the Law on mineral;
+ At the time of transfer, there is no dispute on the rights and obligations relating to the mineral exploration;
+ The transferor has submitted sufficient application to the receiving authority when the mining license is still valid for at least 90 days.
What documents are necessary for transfer of the mining right?
According to Clause 4 Article 59 of the Mineral Law 2010 of Vietnam on dossiers for transfer of the mining right, this dossier comprises:
- An application for transfer of the mining right;
- A contract on transfer of the mining right, enclosed with the statement of the value of to-be-transferred assets;
- A map of the mining status at the time of application;
- A report on mining results and fulfillment of obligations by the time of application;
- Copies of the transferee's business registration certificate and investment certificate.
Reference to Clause 4 Article 51 of Decree 158/2016/ND-CP of Vietnam on an application for the mining right transfer:
Documents of an application for the mining right transfer as prescribed in clause 4, Article 59 of the Law on mineral, including the case that the licensed mining entity transfers its mining right to its affiliate(s) whose 100% of capital is held by such entity is made into 01 set in the form as follows:
- The original: Application form for transfer of mining right; contract for transfer of mining right attached to the list of value of the transferred property; the map of the mining status at the point of time of transfer proposal; report of mining result to the time of the transfer proposal of the mining right;
- The original, certified true copy or the copy enclosed with original for collation of: The documents demonstrating the complete performance of obligations as prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Law on mineral by the time of transfer;
- The certified true copy or the copy enclosed with original for collation of: certificate of business registration or enterprise registration certificate (for the transferee), investment registration or certificate of investment registration (for the transferee being an enterprise involving foreign elements).
How long will it take to process the transfer of mining rights?
According to Clause 3 Article 37 of Decree 158/2016/ND-CP of Vietnam on transfer for the mining right:
- The time limit for processing the application for transfer of the mining right is within 45 days from the date on which the receiving authority has provided a receipt note.
In case the application for transfer is not approved by the licensing competent authority, the transferor is allowed to continue the performance of the mining license or return the mining license.
Thus, The time limit for processing the application for transfer of the mining right is within 45 days from the date on which the receiving authority has provided a receipt note.
What are the contents of transfer of mining right?
According to Clause 2 Article 37 of Decree 158/2016/ND-CP of Vietnam on transfer for the mining right:
The content of transfer of mining right is made by the contract between the transferor and the transferee with the main content as follows:
- The real state of quantity, volume, value of exploitation work, technical infrastructure invested and built; situation of financial obligation fulfillment of the transferor that make transfer by the time of signing the contract of transfer;
- The responsibility of the transferee for the continuation of work performance, unfinished obligations of the transferor by the time of signing the transfer contract;
- Other relevant rights and obligations of the transferor and the transferee as prescribed.
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