Rights and obligations of organizations and individuals granted mineral exploration licenses in Vietnam from July 1, 2025

Rights and obligations of organizations and individuals granted mineral exploration licenses in Vietnam from July 1, 2025​ (Image from the internet)

On November 29, 2024, the National Assembly of Vietnam passed the Law on Geology and Minerals.

Rights and obligations of organizations and individuals granted mineral exploration licenses in Vietnam from July 1, 2025

According to Article 47 of the Law on Geology and Minerals 2024, the rights and obligations of organizations and individuals granted mineral exploration licenses in Vietnam are prescribed as follows:

(1) Organizations and individuals granted mineral exploration licenses in Vietnam have the following rights:

- Use information about minerals related to exploration purposes and areas, and have the right to transfer and inherit such information according to the law;

- Conduct exploration as per the mineral exploration license;

- Supplement volumes and categories of work tasks within the exploration area based on actual developments during exploration to enhance the reliability of exploration results;

- Transfer samples outside the exploration area, including overseas, with appropriate volumes and types based on the nature and requirements of analysis and testing as per the approved mineral exploration project;

- Be prioritized for the issuance of mineral mining permits in the explored area as regulated in Clause 1, Article 48 of the Law on Geology and Minerals 2024;

- Request for extension, re-issuance, adjustment, or return of the mineral exploration license;

- Transfer mineral exploration rights according to the Law on Geology and Minerals 2024;

- Lodge complaints, denunciations, or lawsuits as per the law;

- Other rights as prescribed by law.

(2) Organizations and individuals granted mineral exploration licenses in Vietnam have the following obligations:

(i) Fulfill financial obligations in accordance with the law;

(ii) Perform the contents in the mineral exploration license. In cases of exploring beyond the prescribed depth by the Government of Vietnam, supplementing technological samples, trial excavation pits, adjusting methods, or reducing exploration work volume, the organization or individual must report and obtain written approval from the competent state management agency before implementation;

(iii) Compensate for damages caused by exploration activities as per the law;

(iv) Notify the exploration plan to the provincial People's Committee where the mineral exploration is conducted before implementation;

(v) Collect, retain mineral information, and report mineral exploration results to the state mineral management agency; report other activities to the competent state agency as per the law; comply with regulations on inspection, audit, and control of mineral exploration activities as per the Law on Geology and Minerals 2024, inspection laws, and other relevant laws;

(vi) Implement the work upon the termination of the mineral exploration license as regulated in Clause 3, Article 52 of the Law on Geology and Minerals 2024;

(vii) Other obligations as prescribed by law.

(3) In case of exploring hazardous minerals, in addition to obligations specified in item (2), organizations and individuals exploring hazardous minerals must implement measures to prevent environmental pollution, negative human health impacts; if pollution has occurred, they must comprehensively identify pollution-causing factors and implement remedial measures to minimize pollution.

(4) In case of exploring radioactive minerals or those containing accompanying radioactive substances, in addition to fulfilling obligations specified in items (2) and (3), organizations and individuals exploring minerals must also comply with the Law on Atomic Energy 2008 and other relevant legal provisions.

- the Government of Vietnam details point (ii); stipulates organizations allowed to explore hazardous minerals, radioactive minerals.

- The Minister of Natural Resources and Environment prescribes report formats and documentation stipulated in points (iv) and (v).

Refer to more details in the Law on Geology and Minerals 2024, effective from July 1, 2025, except as stipulated in Clause 2 and 3, Article 110.

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