Is it necessary to an environmental impact assessment report when applying for a mining license in Vietnam?

Is it necessary to an environmental impact assessment report when applying for a mining license in Vietnam?

Pursuant to Clause 2, Article 53 of the Law on Mineral in 2010 (amended by Clause 12, Article 8 of the Amendments To Some Articles Concerning Planning Of 37 Laws in 2018) stipulating an organization or individual must satisfy all the following conditions to obtain a mining license:

a) 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;

b/ Having an environmental impact assessment report or an environmental protection commitment made under the environmental protection law;

c/ Having an equity capital at least equal to 30% of the total investment capital of the mining investment project.

As regulations above, to obtain a mining license, your copmany must satisfy all the above conditions including an environmental impact assessment report.

How long is a mining license in Vietnam valid?

Pursuant to Article 54 of the Law on Mineral in 2010 stipulating as follows: 

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.

As regulations above, 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.

Best regards!