In Vietnam, is it permissible to transfer the mineral exploration right?
In Vietnam, is it permissible to transfer the mineral exploration right? What are the rights of organizations licensed for exploring minerals in Vietnam?
Hello Lawnet. Our enterprise is conducting mineral exploration. However, due to difficult economic conditions, we want to transfer the mineral exploration right to another enterprise. Is it possible for us to do so? Thank you.
In Vietnam, is it permissible to transfer the mineral exploration right?
Pursuant to Article 43 of the Law on Mineral in 2010 stipulating transfer of the mineral exploration right as follows:
1. Transferees of the mineral exploration right must satisfy all the conditions for the grant of mineral exploration licenses under this Law.
2. Transfer of the mineral exploration right must be approved by a state management agency competent to grant mineral exploration licenses. After obtaining such approval, transferees of the mineral exploration right may be granted new mineral exploration licenses.
3. To transfer the mineral exploration right, an organization or individual must have performed at least 50% of the cost estimate of the mineral exploration project.
4. The Government shall detail the transfer of the mineral exploration right.
Your enterprise are permissible to tranfer the mineral exploration right if satisfying the above regulations.
What are the rights of organizations licensed for exploring minerals in Vietnam?
Pursuant to Clause 1, Article 42 of the Law on Mineral in 2010 stipulating organizations and individuals licensed for exploring minerals have the following rights:
a/ To use mineral-related information pertaining to the exploration purpose and area;
b/ To conduct exploration according to the mineral exploration license;
c/ To take away from the exploration area, even abroad, specimens with volume and types suitable to the characteristics and requirements of analyses and experiments under the approved exploration project;
d/ To be prioritized to obtain a license for exploring minerals in the exploration area under Clause 1, Article 45 of this Law;
e/ To request extension of the mineral exploration license, to return it or return part of the exploration area;
f/ To transfer the mineral exploration right;
g/ To lodge complaints or lawsuits against decisions revoking the mineral exploration license or other decisions of competent state agencies;
h/ Other rights provided by law.
Best regards!