Responsibility for protection of unextracted minerals of licensed mining entities in Vietnam

Responsibility for protection of unextracted minerals of licensed mining entities in Vietnam (Internet image) 

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

1. Responsibility for protection of unextracted minerals of licensed mining entities in Vietnam

Responsibility for protection of unextracted minerals of licensed mining entities in Vietnam according to Article 20 of Decree 158/2016/ND-CP is as follows:

- With a view to protect unextracted minerals and conduct mineral exploration and extraction in the licensed areas, the licensed mining entities shall demarcate corner points in the exploration and mining areas according to the co-ordinates specified in the mineral exploration license or mining license.

- Demarcation of corner points in mineral operation areas:

+ According to demarcation of administrative division of communes with respect to solid mineral exploration and extraction,

+ With respect to extraction of sand, gravels in river bed, estuary, estuary, the demarcation shall be conducted in accordance with law on inland waterways or maritime. In case of failure to comply with afore-mentioned regulations the demarcation shall be conducted on river bank as prescribed in Point a of Clause 2 of Article 20 of Decree 158/2016/ND-CP.

- Upon the completion of demarcation prescribed in Clause 2 of Article 20 of Decree 158/2016/ND-CP, the licensed mining entity shall send a notification to Service of Natural Resources and Environment; Service of Natural Resources and Environment shall take charge and cooperate with the People’s Committee of district or commune where the mineral is extracted in the handover of boundary markers on site.

In case of mineral extraction subject to a license issued by the Ministry of Natural Resources and Environment, the presence of a representative of General Department of Geology and Minerals of Vietnam is required.

- The licensed mining entity shall prevent illegal mineral extraction from happening in the licensed mining areas. Any occurrence of illegal mineral extraction outside the boundaries of licensed mining areas shall be reported to the People’s Committee of district or commune for handling.

- The licensed mining entity must store and protect the mineral that has been extracted but not used, minerals in waste dump or minerals accompanied that have not recovered during the extraction process.

- Before extracting minerals accompanied prescribed in Clause 2 Article 2 of Decree 158/2016/ND-CP, the mining entity must send a notification to the receiving authority prescribed in Clause 1, Clause 3 Article 47 of Decree 158/2016/ND-CP.

Within 15 working days, the receiving authority must complete the verification visits on site, verification of relevant documents and request the authority competent to issue mining license to decide the extraction of minerals accompanied to enable the licensed mining entity to fulfill other obligations as prescribed.

2. Main contents of plan for protection of unextracted minerals in Vietnam

According to Article 18 of Decree 158/2016/ND-CP, a plan for protection of unextracted minerals prescribed in Point a, Clause 1, Article 17 of Decree 158/2016/ND-CP shall at least contain:

- Reality of state management of minerals and mineral activities, including the protection of unextracted minerals in the administrative division at the time of making plan; shortcomings, limitations and reasons.

- Statistics on quantity, area, co-ordinates of areas of operating mineral exploration, extraction of entities issued with licenses by competent authorities; closed mining areas, mine closure for protection purpose; waste dump of mines subject to closure decision.

Boundaries and areas of minerals that have been investigated and evaluated; national minerals reserves needs to be protected; prohibited areas of mineral activities, temporarily prohibited areas of mineral activities that are approved; areas of dispersed and small-scale minerals that are zoned and announced.

- Update of information about planning for exploration, extraction, and use of minerals of the province that is amended; information about national planning for minerals that has been approved up to the time of making plan.

- Regulations on responsibility of the Service of Natural Resources and Environment, the Service of Industry and Trade, the Service of Construction, the Service of Agriculture and Rural development, the Service of Transport, the Service of Culture, Sports and Tourism; military and police authorities in protection of unextracted minerals; the news agencies, press agencies, local television in posting information about state management of minerals and illegal extraction.

- Regulations on responsibility of People’s Committees of districts and communes; actions against groups or individuals being heads of local government of districts or communes responsible for reoccurrence or prolonged occurrence of illegal mineral extraction, sale, and transportation in the administrative divisions without complete clearance; responsibility of heads of villages for prompt notification of occurrence of illegal mineral extraction in the administrative divisions to the local government of commune/district.

- Regulations on responsibilities for cooperation between relevant Services and agencies; local government of districts/communes in providing and handling of information and clear illegal mineral extraction; responsibility of agencies receiving information; and processing mechanism of received information.

- Plans and solutions for implementation; expenditure estimates.

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