Shall the mining licenses be revoked if the licensed organization or individual delay conducting mining in Vietnam?
Shall the mining licenses be revoked if the licensed organization or individual delay conducting mining in Vietnam? What documents are included in the dossier of application for mining license in Vietnam?
Hello Lawnet. Our enterprise intend to apply for a mining license. We would like to find out if the conduct of mining is delayed, will the license be revoked? Thank you.
Shall the mining licenses be revoked if the licensed organization or individual delay conducting mining in Vietnam?
As prescribed in Clause 1, Article 58 of the Law on Mineral in 2010, a mining license will be revoked in the following cases:
a/ The licensed organization or individual fails to build mine infrastructure within 12 months since the effective date of the license, except force majeure events;
b/ The licensed organization or individual fails to conduct mining within 12 months since the proposed date of commencement of mining, except force majeure events;
c/ The licensed organization or individual breaches any of the obligations specified at Points a, b, c, d, e, f and g, Clause 2, Article 55 of this Law without taking remedies within 90 days after the date of written notice by a competent state management agency in charge of minerals;
d/ The area permitted for mining is declared to be banned or temporarily banned from mineral activities.
As regulations above, if your enterprise delays conducting mining within 12 months since the proposed date, your license will be revoked.
What documents are included in the dossier of application for mining license in Vietnam?
As prescribed in Clause 1, Article 59 of the Law on Mineral in 2010, a dossier of application for a mining license comprises:
a/ An application for a mining license;
b/ A map of the mining area;
c/ A competent state agency's decision approving mineral deposits;
d/ A mining investment project, enclosed with the project-approving decision and a cony of the investment certificate;
e/ An environmental impact assessment report or an environmental protection commitment;
f/ A copy of the business registration certificate;
g/ A document certifying the winning of the mining right, in case of winning the mining right through auction;
h/ A document certifying the applicant's equity capital under Point c, Clause 2, Article 53 of this Law.
Best regards!
