Procedures for the identification of areas banned from mineral activities and areas temporarily banned from mineral activities in Vietnam

Procedures for the identification of areas banned from mineral activities and areas temporarily banned from mineral activities in Vietnam (Internet image)

Regarding this matter, LawNet would like to answer as follows:

The procedures for the identification of areas banned from mineral activities and areas temporarily banned from mineral activities are regulated in Decision 1082/QD-BTNMT in 2024 as follows:

1. Documentation for the identification of areas banned from mineral activities and areas temporarily banned from mineral activities in Vietnam

- Official Dispatch from the People's Committee of provinces and city.

- Explanatory document including the main contents: legal basis and documents used for determination; principles and methods of determination; results of determination for each sector and a consolidated list of areas banned from mineral activities and areas temporarily banned from mineral activities. Each area must have a table of coordinates of corner points based on the VN-2000 coordinate system, except for areas banned or temporarily banned from mineral activities for defense and security reasons. Detailed appendices should provide information on each identified area that is banned or temporarily banned from mineral activities.

- Map showing the areas banned from mineral activities and areas temporarily banned on the VN-2000 coordinate system, with a scale ranging from 1/200,000 to 1/100,000, including the protective and safety corridor for the identified area (if any). For complex areas, detailed drawings at a scale of 1/25,000 to 1/10,000 or larger should be provided.

2. Procedures for the identification of areas banned from mineral activities and areas temporarily banned from mineral activities in Vietnam

- Step 1: The provincial People's Committee takes the lead and coordinates with relevant ministries and ministerial agencies in the identification of areas banned from mineral activities and areas temporarily banned from mineral activities.

- Step 2: The provincial People's Committee solicits opinions from the Ministry of Natural Resources and Environment, and other relevant ministries and central authorities, as specified in Article 23 of Decree 158/2016/ND-CP dated November 29, 2016, by the Government.

- Step 3: The provincial People's Committee completes the documentation for the identification of areas banned from mineral activities and areas temporarily banned from mineral activities and submits it to the Prime Minister for approval.

- Step 4: The Prime Minister signs the Decision for approval.

3. Areas banned from mineral activities, areas temporarily banned from mineral activities in Vietnam

- Areas banned from mineral activities include:

+ Land areas with historical-cultural relics or scenic places already ranked or delimited for protection under the Law on Cultural Heritages;

+ Land areas under special-use forests, protection forests or land areas planned for protection forests and geological conservation zones;

+ Land areas which are planned for national defense or security purposes or in which mineral activities may affect the performance of defense or security tasks;

+ Land areas used by religious institutions;

+ Land areas within the protection corridors or zones of transport, irrigation or dike works; water supply and drainage and waste treatment systems, electricity transmission lines, petrol, oil or gas pipelines or communications systems.

- Areas temporarily banned from mineral activities shall be delimited for any of the following reasons:

+ Satisfying defense or security requirements;

+ Conserving the nature, historical-cultural relics or scenic places which are considered by the State for recognition or discovered in the process of mineral exploration or mining;

+ To prevent or remedy consequences of natural disasters.

- In case an area in which mineral activities are taking place is declared to be banned or temporarily banned from mineral activities, organizations and individuals conducting mineral activities in this area will be compensated according to law.

- When it is necessary to explore or exploit minerals in areas banned from mineral activities or temporarily banned from mineral activities, competent licensing state management agencies defined in Article 82 of this Law shall report the adjustment of relevant mineral master plans to the Prime Minister for consideration and decision.

- Provincial-level People's Committees shall delimit and propose the Prime Minister to approve areas banned from mineral activities and areas temporarily banned from mineral activities after consulting the Ministry of Natural Resources and Environment and concerned ministries and ministerial-level agencies.

(Article 28 of the Mineral Law 2010)

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