What is mineral exploration? Conditions on mineral exploration practice organizations in Vietnam

What is mineral exploration? Conditions on mineral exploration practice organizations in Vietnam (Internet image) 

1. What is mineral exploration?

According to Clause 6, Article 2 of the Mineral Law 2010, mineral exploration means activities to identify mineral deposits and quality and obtaining other information for mineral mining.

Specifically, mineral mean useful minerals and mineral substances which are naturally accumulated in solid, liquid or gaseous form and exist underground or on the ground, including minerals and mineral substances at tailing sites of mines.

(Clause 1, Article 2 of the Mineral Law 2010)

2. Mineral exploration practice organizations in Vietnam

Specifically, in Article 2 of Circular 17/2012/TT-BTNMT, organizations satisfying conditions specified in Article 35 of the Mineral Law 2010 and Circular 17/2012/TT-BTNMT may conduct mineral exploration, including:

- Enterprises established under the Enterprise Law;

- Science and technology organizations established under the Science and Technology Law;

- Cooperatives and cooperative unions established under the Cooperatives Law;

- Non-business geological organizations established by competent state agencies and performing the function or task of mineral exploration.

3. Conditions on mineral exploration practice organizations in Vietnam

According to Clause 1, Article 35 of the Mineral Law 2010, a mineral exploration practice organization must satisfy the following conditions:

- Being lawfully established;

- Having an employee in charge of technical matters who possesses a university degree in geological exploration and has worked for at least five years in mineral exploration and a deep knowledge about standards and technical regulations on mineral exploration;

- Having a staff of technical workers specialized in geological exploration, hydrogeology, engineering geology, geophysics, drilling, excavation and other relevant disciplines;

- Having necessary special-use equipment and instruments for the construction of mineral exploration works.

4. Rights and obligations of organizations licensed for exploring minerals in Vietnam

4.1. Rights of organizations licensed for exploring minerals in Vietnam

Organizations and individuals licensed for exploring minerals have the following rights:

- To use mineral-related information pertaining to the exploration purpose and area;

- To conduct exploration according to the mineral exploration license;

- To take away from the exploration area, even abroad, specimens with volume and types suitable to the characteristics and requirements of analyses and experiments under the approved exploration project;

- To be prioritized to obtain a license for exploring minerals in the exploration area under Clause 1, Article 45 of the Mineral Law 2010;

- To request extension of the mineral exploration license, to return it or return part of the exploration area;

- To transfer the mineral exploration right;

- To lodge complaints or lawsuits against decisions revoking the mineral exploration license or other decisions of competent state agencies;

- Other rights provided by law.

(Clause 1, Article 42 of the Mineral Law 2010)

4.2. Obligations of organizations licensed for exploring minerals in Vietnam

According to Clause 2, Article 42 of the Mineral Law 2010, organizations and individuals licensed for exploring minerals have the following obligations:

- To pay a licensing fee and fulfill other financial obligations provided by law;

- To strictly comply with the mineral exploration license and implement the approved exploration project;

- To report to the licensing agency for consideration and approval changes in exploration methods or volumes which result in an increase of over 10% in estimated expenses;

- To compensate for damage caused by exploration activities;

- To notify the exploration plan to the provincial-level People's Committee of the locality in which they will conduct mineral exploration before implementation;

- To collect and store mineral-related information and report exploration results to state management agencies in charge of minerals; and report other activities to competent state agencies under law;

- To perform all the jobs specified in Clause 3, Article 46 of the Mineral Law 2010 when the mineral exploration license expires;

- Other obligations provided by law.

Thanh Rin

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