What documents are included in the application for mineral extraction right auction invitation in Vietnam?

What documents are included in the application for mineral extraction right auction invitation in Vietnam?

Pursuant to Article 15 of the Decree 22/2012/NĐ-CP (amended by Clause 3 Article 68 of the Decree 158/2016/NĐ-CP) stipulating the application for mineral extraction right auction invitation in Vietnam as follows:

1. Based on approved annual plans on mineral extraction right auction, the General Department of Geology and Minerals of Vietnam and provincial Services of Natural Resources and Environment shall make the mineral extraction right auction invitation.

2. A mineral extraction right auction invitation must contain the following primary contents:

a) Names of the minerals, location of the mineral area put up for auction;

b) The scheduled place and time of the auction;

c) The basic geological and mineral information; mineral extraction conditions of the area put up for auction; methods of information reference, the current infrastructural conditions and the land use in the mineral area put up for auction;

d) The reserve price and deposit;

dd) The standards of bidder dossier evaluation;

e) The forms required in a bidder dossier (application for auction attendance; basic economic-technical requirements, etc.).

3. For mineral extraction right auction in an area with mineral exploration results, the agency that makes the auction invitation specified in Clause 1 of this Article shall on the written request for the specifications of the mineral extraction technology, intensive processing and use of minerals, including:

a) The minimum requirements for the methods, technology and equipment of mineral extraction and processing;

b) The minimum requirements for mineral quality after mineral extraction and processing;

c) The purposes and addresses of post-extraction mineral use in order to supply to mineral processing projects stated in the planning for extraction and utilization of the same kind of mineral approved by competent State agencies.

4. The evaluation of bidder dossiers according to criterion of owner’s equity of the bidder in the auction of mining rights prescribed in Point dd Clause 2 Article 15 shall be carried out as follows:

a) Pursuant to the actual cost per unit upon the exploration of the mineral to be put up for auction in the area where exploration findings have not been provided or the actual cost per unit upon the exploration of the mineral to be put up for auction in the area where exploration findings have been provided in similar conditions, the auction council of the Ministry of Natural Resources and Environment or People's Committee of province shall decide the estimates of mineral exploration project or total investment of the mining project;

b) The estimates of mineral exploration project or total investment of the mining project prescribed in Point a Clause 4 hereof shall be the basis in order for the receiving authority to evaluate the criterion of owner’s equity of the bidder upon selection of bids prescribed in Clause 2 Article 19 hereof.

What are contents and forms of bidder application for mineral extraction right auction in Vietnam?

Pursuant to Article 16 of the Decree 22/2012/NĐ-CP (amended by Clause 4 Article 68 of the Decree 158/2016/NĐ-CP) stipulating contents and forms of bidder application for mineral extraction right auction in Vietnam as follows:

1. The bidder shall make a bidder dossier and submit it to the agency specified in Article 17 of this Decree.

2. The documents in a mineral extraction right bidder dossier include:

a) The original application for mineral extraction right auction attendance;

b) The original certified true copy or the copy enclosed with original for collation of: the business registration certificate or enterprise registration certificate; written introduction of capability and experience in mineral exploration, extraction and processing; introduction of financial situation and fund raising capability.

c) For areas with mineral exploration results, the bidders must formulate a preliminary investment program for mineral extraction, intensive processing, product sale and make a written commitment to implementing such program if they win the auction.

d) For an area without mineral exploration results, the bidders must formulate a preliminary investment plan on exploration, mineral extraction, intensive processing, product sale and make a written commitment to implementing such plan if they win the auction.

3. The Ministry of Natural Resources and Environment shall provide the forms of the application and other documents in the mineral extraction right bidder dossier.

What are regulations on bidder application-receiving agencies, method and time of receiving mineral extraction right bidder application in Vietnam?

Pursuant to Article 17 of the Decree 22/2012/NĐ-CP stipulating bidder application-receiving agencies, method and time of receiving mineral extraction right bidder application in Vietnam as follows:

1. Agencies receiving bidder dossiers are regulated as follows:

a) The General Department of Geology and Minerals of Vietnam is the agency making, notifying and selling mineral extraction right bidding dossiers and concurrently the agency receiving mineral extraction right bidder dossiers, for minerals to be licensed by the Ministry of Natural Resources and Environment;

b) The provincial Service of Natural Resources and Environment is the agency making, notifying and selling mineral extraction right bidding dossiers and concurrently the agency receiving mineral extraction right bidder dossiers, for minerals to be licensed by provincial People’s Committees.

2. Mineral extraction right bidder dossiers shall be submitted directly to the bidder dossier-receiving agencies specified in Clause 1 of this Article.

The time limit for receiving mineral extraction right bidder dossiers is 30 (thirty) days counting from the date of closing the notification of an mineral extraction right auction specified in Clause 1, Article 18 of this Decree.

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