What is included in the latest application for modification of mining licenses in Vietnam in 2023? What is the validity period of mining licenses in Vietnam?
In which cases must the contents of a mining license be amended?
Pursuant to the provisions of Clause 1, Article 55 of Decree No. 158/2016/ND-CP on the cases in which the contents of a mining license is amended as follows:
Applications for modification of mining licenses
1. A mining license shall be amended in the following cases:
a) The mineral reserves determined by further exploration for upgrade of mineral category in the mining area approved by the competent authority exceed the certainty of the equivalent reserves that are approved earlier;
b) Mining capacity is proposed to increase by more than 15% of the mining capacity specified in the mining license;
c) The mining entity changes its name;
d) Mining methods or technology, permitted reserves for mining design specified in the project of mine design are changed.
Thus, the contents of a mining license must be amended in the cases specified above.
What is included in the latest application for modification of mining licenses in Vietnam in 2023? What is the validity period of mining licenses in Vietnam?
What is included in the latest application for modification of mining licenses in Vietnam in 2023?
Pursuant to the provisions of Clause 2, Article 55 of Decree No. 158/2016/ND-CP (amended by Clause 19, Article 4 of Decree No. 22/2023/ND-CP), the composition and format of documents included in the application for modification of the mining license in 2023 includes:
- The originals of:
+ The application for modification of the mining license;
+ The investment project which has been modified according to the new approved mineral reserves or the modified capacity, mining methods or technologies, and is accompanied with the approval decision;
+ The report on mining results and fulfilled obligations by the time of submission of the application, and documents on approval of modification of the mining license given by competent authorities;
- The originals or certified true copies or copies presented together with their originals for verification purpose or certified electronic copies of:
+ Notes to reports, attached drawings and decision on approval of results of exploration for upgrading of mineral reserves given by a competent authority;
+ Documents on the renaming or changes in organizational structure in case the mining entity changes its name.
What is the validity period of mining licenses in Vietnam?
Pursuant to the provisions of Article 38 of Decree No. 158/2016/ND-CP stipulating as follows:
Validity period of mining licenses
1. The validity period of a mining license is a period of time specified in a mining project prescribed in Clause 2 hereof provided that it does not exceed the period prescribed in Clause 2 Article 54 of the Law on Mineral.
2. The mining period in a mining project includes: period of mine capital construction, including estimated period of compensation, clearance and land renting for mining; mining period according to design capacity; and period of dredging.
At the same time, according to the provisions of Article 54 of the 2010 Mineral Law of Vietnam stipulating as follows:
Mining licenses
1. A mining license must contain the following principal details:
a/ Name of the licensed organization or individual;
b/ Kind of mineral, location and size of the mining area;
c/ Mineral deposits, capacity and method of mining;
d/ Mining duration;
e/ Financial and other relevant obligations.
2. A mining license is valid for 30 years at most and may be extended multiple times with the total extension period not exceeding 20 years.
In case an organization or individual licensed for mining transfers the mining right to another, the mining duration is the remaining period of the mining license previously granted.
According to the above provisions, the validity period of a mining license is a period of time specified in a mining project, including:
- Period of mine capital construction, including estimated period of compensation, clearance and land renting for mining;
- Mining period according to design capacity;
- Period of dredging.
At the same time, a mining license is valid for 30 years at most.
What are the conditions for renewal of mining licenses in Vietnam?
Pursuant to the provisions of Clause 1, Article 39 of Decree No. 158/2016/ND-CP as follows:
Renewal of mining license, salvage mining license
1. A mining entity shall have its mining license or salvage mining license renewed if it meets the following conditions:
a) It has submitted sufficient application for the renewal of mining license or salvage mining license to the receiving authority while the mining license is still valid for at least 45 days and when the salvage mining license is still valid for at least 15 days with clear explanation for the renewal;
b) Having a report on mining performance from the issue date of license up to the time of renewal application, specifying that the mineral reserves in the mining area has not been extracted yet under the mining license;
c) By the time of renewal application; the licensed mining entity has fulfill obligations prescribed in Points a, c, d, dd, e and g Clause 2 Article 55 of the Law on Mineral with regard to the mineral extraction license; and Points c, d, dd, e, and g Clause 2 Article 55, Point a Clause 2 Article 69 of the Law on Mineral with regard to the salvage mining license;
d) It has completely fulfilled the obligations of the environmental protection, using land, water and technical infrastructure in the mineral operation in accordance with regulation of the law concerning mineral and the relevant law;
dd) At the time of renewal application, the next plan for the mining must comply with the mineral planning approved as prescribed at point c or point d, clause 1, Article 10 of the Law on mineral.
Thus, a mining entity shall have its mining license or salvage mining license renewed if it meets the above conditions.
Nguyễn Thị Hồng Nhung