New guidelines for enforcing current law on geology and minerals

In case of emergency where quick response to disasters, epidemics, and security or national defense threats is required, individuals and entities exploiting minerals may be exempt from licensing-related procedures but will have to report on volume and types of minerals and mining locations to provincial-level People’s Committees after the work is done, according to newly enacted Government Resolution.

The Government has introduced new special mechanisms and policies to tackle problems arising in the implementation of the 2024 Law on Geology and Minerals.

Under Resolution 66.4/2025/NQ-CP dated September 21, 2025, the exploitation of group-IV minerals to supply materials for public investment projects, public-private partnership (PPP) investment projects, national important works as well as socio-economic development projects subject to investment policy decision by local governments will choose to apply the aforesaid special mechanisms. In addition, urgent construction works and works for disaster prevention and control may also benefit from these mechanisms.

New guidelines a for enforcing current law on geology and minerals

For group-III minerals used as construction materials and the exploitation of group-IV minerals for construction, the Resolution says the above-mentioned projects will be exempt from procedures for deciding on or approving investment policy or approving projects. Such projects will not be required to comply with land use or land repurposing master plans (except for national defense and security land). In addition, they will not have to carry out procedures for appraising and approving environmental impact assessment (EIA) reports or applying for environmental licenses.

Chairpersons of provincial-level People’s Committees are assigned to issue mineral exploration licenses, licenses for exploitation of group-III and group-IV minerals to contractors and investors implementing the above-mentioned projects or to individuals and entities that fully meet the conditions specified by the law on geology and minerals.

Mineral exploiters will have to comply with regulations on collection of statistics on and inventory of reserves, financial obligations, and assurance of technical safety and environmental protection.

The Government permits the modification of licenses to increase the exploitation capacity (without increasing the licensed reserves) to meet the needs of these projects. Such an increase must not exceed 50% of the originally licensed capacity for riverbed and coastal sand and gravel and is unlimited for other group-III and group-IV minerals.

In case of emergency response to disasters, epidemics, security or national defense threats, mineral exploiters are not required to carry out licensing-related procedures but will have to report volume and types of minerals and mining locations to provincial-level People’s Committees after the mission is accomplished.

Furthermore, the Government permits the demarcation of areas that will be exempt from mineral mining rights auction, covering group-III minerals for use as construction materials, group-IV minerals to be supplied to the aforementioned projects; and limestone and clay for use as raw materials for cement production which are included in approved master plans.

For mines of minerals to be exploited for use as common construction materials under special mechanisms specified in Article 4 of the National Assembly’s Resolution 106/2023/QH15 dated November 28, 2023, chairpersons of provincial-level People’s Committees may modify written confirmations of areas, capacity, volumes, methods, equipment and mineral mining plans for supply of minerals for other projects listed in Appendix IV to the Resolution; and order the supply of surplus minerals to national important works and key projects of the transport sector and urgent national defense and security works and projects.

Exploitation licenses issued before the effective date of Decree 193/2025/ND-CP may have their contents on mineral processing, and mineral use and consumption purposes modified to suit reality. Mineral exploiters that submit license applications before relevant mineral master plans are approved will also be considered for grant of licensed even in case their applications contain information not consistent with those master plans.

This Resolution takes effect on the date of its signing and will remain in effect until the end of February 28, 2027

By VLLF

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