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Ministry of Heavy Industry Socialist Republic of Vietnam
N0.71 QD/QLTN Independence-freedom-Happiness
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Hanoi, february 24th, 1994.
- Based on the Decree of the Government No 67/CP dated November 7th, 1993 promulgating the regulation of activities on geology prospecting, mining, precious stone processing and trading ;
- Based on the Decree No.130 HDBT dated April 30th, 1994 of the Council of Ministers (which now is Government) regarding the function, mission and structure of Ministry of Heavy Industry.
- Hereby regulating the protection of natural resources of precious stone and related environment on the process of geological investigation prospect and exploitation of precious stone.
I. General provisions
Article 1
All natural resources of precious stone in the scope of whole country, without distinction of large or small concentration scale, existing on the surface or underground, that have or have not been geologically investigated and prospected, have been being exploited or not been exploited, including the area which the state has not entrusted any person to use as well as the area entrusted by the state for organizations,
Individuals to use on farming, leaving, constructing the economic, social projects or other activities according to the existing law, shall belong to the precious natural resources asset of the state and managed by the state.
All activities on investigating geology, prospecting and exploiting natural resources of precious stone shall only be implemented after gaining the license granted by Minister of Heavy Industry according to present regulation.
Article 2
Requirements of protecting natural resources of precious stone are to evaluate correctly its potentials or reserves according to the extent of implemented research and investigation of geology prevent and settle, according to the law, the legal activitie s on geology investigation, prospection, exploitation including the permission outside competence for prospecting. exploiting precious stone ; to implement the measures again too big losses that destroy the areas where there are natural resources of preci ous stone in the process of geology investigating, prospecting, mining or using underground land for different purposes of organizations and individuals.
Article 3
Technical process and technology used for the activities in precious stone mining are chosen by enterprise - self but it has to ensure the requirements of maximum recovery of the real natural resources of precious stone amount products - protection concur rently is has to protect the related environment, including other natural resources; ensure the safety of people and assets.
Article 4
Every organization and individual that have the mission relating directly or indirectly to the activities in geology investigating, prospecting, mining, managing, protecting the natural resources of precious stone, shall observe strictly the regulations o n keeping the secrets on the status of natural resources of precious stone and the regulations on protecting strictly the precious stone products.
Any person, who unintentionally or intentionally discloses the state secret regarding the status of natural resources of precious stone that lead to the consequences of damage, loss of natural resources, damage of environment, causing bad consequences on safety of society .. shall be treated according to the regulations of law.
Article 5
On the scope of entrusted mining area, the enterprise which is owner of mining license, shall be fully responsible for protecting natural resources of precious stone, protecting related environment, ensuring mining safety as well as protecting exploited p roducts.
Article 6
According to the administrative function in the territory, People's committee of the locals having natural resources of precious stone shall implement an integrated set of measures to protect natural resources of precious stone that have not been entruste d for enterprises to exploit ; supervisor the implementation of law and settle the illegal activities on prospecting, exploiting, the activities that cause the loss of natural resources and environment, the class, safety and security of society.
Article 7
State Bureau of Natural Minerals Management shall be responsible to combine with related organization of the central Government and People's committee to implement the state inspection, control work on protecting natural resources of precious stone to pro tect related environment in whole country.
II. Protection of unexploited natural resources of precious stone
Article 8
Unexploited natural resources of precious stone are under ground places or areas with precious stone that have or have not been ecologically inspected, including areas discovered by organizations or individuals in charge or by chance and have not been gr anted the exploitation license by the Minister of Heavy Industry according to existing regulations.
Documents and places of unexploited natural resources of precious stone shall be kept in secret and strictly protected : no organization, individual including the owner of legal license to use this land have the right to prospect, exploit unexploited natu ral resources of precious stone.
Article 9
Ministry of Heavy Industry shall be in charge of state administration in collecting, recording, using all documents of geology and minerals in term of natural resources of precious stone in whole country.
All geological investigation documents on natural resources of precious stone collected and prepared in any capital source or any mean by state organization under the Ministry of Heavy Industry or under other Ministries, People's committees, scientific an d researching institutions, including training centers, local, units, shall be the property of state and shall be registered and given to state geological Archives ( Institute of Geological Information) of Ministry of Heavy Industry.
Article 10
State administrative organizations, state Geological Archives and geological investigation organizations on natural resources of precious stone have no right to publish or apply geological documents on unexploited natural resources of precious stone to a nybody before allowed by Minister of Heavy industry.
The authorized administrative organization and state Geological Archives shall not disclose the geological documents on precious stone supplied by the owners of investigation license, prospecting license, exploitation license, unless otherwise agreed by the owners of that licenses or after 3 months from the date that licenses come out of force without granting some extension or new licenses.
Article 11
Organizations, individuals that relate directly to managing, protecting, prospecting, exploiting precious stone mines, including the organizations, individuals that allowed to attend the bidding, selling of precious stone mines, can study and use the geo logical documents on natural resources of precious stone in the particular places or areas specified for bidding and selling.
Article 12
In the case that the organizations, individuals discover places containing natural resources of precious stone by chance, and timely report to the local people's committees or state administrative organizations on natural resources of precious stone wit hout disclosing the secret to another and implementing the activities on collecting, exploiting by themselves before that, shall be awarded by the state. Vice versa, if they prospect, exploit without permission by themselves, then it will be considered as illegal activities.
Article 13
People's committees at all levels have the right to give an order and to apply all measures to stop and settle all activities on investigating, prospecting, exploiting natural resources of previous stone without the license of Minister of Heavy Industry o r person authorized by Minister according to the their competence.
III. Protection of natural resources of precious stone and samples of precious stone in the process of geological investigation
Article 14
Geological research, investigation, evaluation of precious stone potential in the scope of whole country using State budget source shall be implemented on the basis of scientific foundation, use the effective technical methods with high quality to ensure that prosperous areas shall not be omitted.
Entrusted organizations mentioned above shall not combine the gathering of natural resources of precious stone with the production business purposes. All collected samples shall belong to the state property and shall be inventoried, evaluated, registered and strictly maintained to ensure that the researching and evaluating results on precious stone potential of the searched, investigated area are not lost, substituted or not corrected.
The information and documents of researching results on geology investigating, precious stone potential evaluating shall be the completely secret documents. The exploitation end use of these documents shall observe the regulations in chapter "protection o f unexploited natural resources of precious in stone."
Article 15
Every activity on geologically investigating the natural resources of precious stone carried out in the bidden and sold areas by the bid participating enterprises before winning the bid selling if allowed shall be strictly supervised and inspected by th e bidding team in the results of geological evaluation, mining process, collection, processing, analyzing and evaluating the samples.
All the received documents and samples of precious stone shall be inventoried, evaluated and strictly maintained according to a separated regulation of the precious stone bidding Team so that the researching results are not lost, substituted or not correc ted.
The precious stone bidding Team shall keep the secret of information, investigation and evaluation documents of each enterprise till bidding area is entrusted to the enterprise which won the bid.
Article 16 : All the digging and exploiting projects, which aim to research, investigate geologically the natural resources of precious stone after getting the samples, collecting, checking and accepting the geological documents of project, shall be level ed, razed and strictly protected except the exploiting and digging projects in the mining areas that have already gained the exploitation license.
Article 17
The collected samples of precious stone in the prospecting process of entrusted mining area, that belongs to the managing and using right of the enterprise which is the owner of exploitation license, shall be considered as product as product of mining act ivities of enterprise.
Article 18
The prospecting results of entrusted mining area shall belong to the completely secret documents of state and of enterprise, which is the owner of exploitation license. Owner of exploitation license shall have the responsibility to report its results on prospecting the natural resources of precious stone to the authorized organizations according to the regulations of Ministry of Heavy Industry and these documents of the owner of exploitation license shall be kept in secret according to the regulations i n art. 10.
IV. Protection of natural resources of precious stone and related environment ensuring the safety in mining process.
Article 19
Owner of exploitation license shall only implement the exploitation activities within the scope of entrusted area and obey the condition specified in that license; implement in a correct procedure the measures of ensuring the safety,protecting natural res ources and environment according to the plan or technical design contained in the application file and conserved in the State Bureau of Natural Minerals Management. Any change of the above mentioned conditions and measures of the plan or design shall be agreed by the Project Approving Organization or by the Bidding Team.
Article 20
When designing, implementing the construction of mine and exploiting, suitable system, technologies and procedures shall be used to ensure the maximum efficiency and no pollution of the environment, no exploiting only the rich, favorable areas, no dischar ging the waste or constructing the fixed projects on the places that contain unexploited natural resources; implementation of geological and mining geodesic works shall be done to increase the reliability and the reserve of precious stone in the mining a reas that are allowed to use.
Article 21
Based on the general regulations of the state, each enterprise that is the owner of exploitation license shall construct train and examine strictly the implementation of rules or regulations regarding. :
- Protection of natural resources and exploited which meet the technological processes on prospecting, sorting of the minerals, record, inventor and transport...
- Safety on mining
- Protection of environment and other natural resources (forest, water, soil)
Article 22
The closing of mine shall observe the regulation on closing the mineral mines promulgated in conjunction with Decision No 828 CNNg/QLTN dated 16th December, 1992 of Ministry of Heavy Industry.
V. Provision of implementation
Article 23
The Regulation shall replace the Regulation No. 103 CNNg/QLTN dated March 13th, 1992 of Ministry of Heavy Industry and identically come in to effect of implementation in whole country from the date of promulgation.
Head of State Bureau of natural Minerals Management shall guide and control the implementation of this regulation.
for the Ministry of Heavy Industry
Minister
TRAN LUM