cases of adjustments to the content of the Mineral Extraction License in Vietnam from March 1, 2025

cases of adjustments to the content of the Mineral Extraction License in Vietnam from March 1, 2025​ (Image from Internet)

On January 11, 2025, the Government of Vietnam issued Decree 10/2025/ND-CP amending the Decree in the mineral sector.

cases of adjustments to the content of the Mineral Extraction License in Vietnam from March 1, 2025

According to Clause 1, Article 37a of Decree 158/2016/ND-CP (supplemented by Decree 10/2025/ND-CP), the cases for adjusting the content of a Mineral Exploration License in Vietnam are:

- The mineral reserves after upgrading exploration from resource blocks within the scope of the Exploration License are approved by the competent state management agency;

- Organizations or individuals propose to extract, recover accompanying minerals;

- When there is a change in the name of the organization or individual mining minerals;

- When organizations or individuals propose to change the mining method, extract capacity as determined in the mineral exploration investment project.

Principles and conditions for issuing Mineral Exploration License in Vietnam

(1) Principles for Issuing Mineral Exploration License

The issuance of a Mineral Exploration License must ensure the following principles:

- A Mineral Exploration License is only granted in areas where no organization or individual is lawfully exploring or mining minerals and is not located in areas prohibited from mineral activities, temporarily prohibited mineral activities areas, or national mineral reserve areas;

- Do not partition mineral areas that can be efficiently mined on a large scale to issue a Mineral Exploration License to multiple organizations or individuals for small-scale mining.

(Clause 1, Article 53 of the Mineral Law 2010)

(2) Conditions for Issuing Mineral Exploration License

Organizations or individuals granted a Mineral Exploration License must meet the following conditions:

- Have a mineral exploration investment project in an area that has been explored, approved with reserves suitable to related planning as prescribed by planning law. The mineral exploration investment project must have plans for the use of specialized human resources, equipment, technology, appropriate advanced mining methods; for hazardous minerals, approval in writing by the Prime Minister of Vietnam is required;

- Have an environmental impact assessment report or environmental protection commitment statement following environmental protection law;

- Have ownership capital of at least 30% of the total investment capital of the mineral exploration investment project.

(Clause 2, Article 53 of the Mineral Law 2010)

Rights of organizations and individuals mining minerals in Vietnam

According to Clause 1, Article 55 of the Mineral Law 2010, organizations or individuals mining minerals have the following rights:

- Use information about minerals related to the exploration purpose and the area permitted for exploration;

- Conduct mineral exploration according to the Mineral Exploration License;

- Upgrade mineral reserves within the area, authorized depth, but must notify the quantity, exploration upgrade time to the competent licensing state management agency before implementation;

- Store, transport, consume, and export mined minerals as prescribed by law;

- Request extension, return the Mineral Exploration License, or return part of the mining area;

- Transfer mineral exploration rights;

- Complain, file lawsuits against the decision to revoke the Mineral Exploration License or other decisions of competent state agencies;

- Lease land according to land law consistent with the mineral exploration investment project, the mined design approved;

- Other rights as prescribed by law.

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