|Cơ quan ban hành:||Quốc hội||Số công báo:||Đang cập nhật|
|Số hiệu:||47-L/CTN||Ngày đăng công báo:||Đang cập nhật|
|Loại văn bản:||Luật||Người ký:||Lê Đức Anh|
|Ngày ban hành:||03/04/1996||Ngày hết hiệu lực:||Đã biết|
|Áp dụng:||Đang cập nhật||Tình trạng hiệu lực:||Đã biết|
|Lĩnh vực:||Lĩnh vực khác|
Luật Khoáng sản năm 1996
THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM
Hanoi, March 20,1996
Minerals are almost unrecoverable resources and an important asset of the nation, which must be managed, protected, exploited and used in a rational, economical and efficient manner so as to meet the requirements of industrialization - modernization of the country for immediate and long-term sustainable socio-economic development as well as the need of national defense and security;
In order to enhance the effectiveness of the State management, the protection and efficient use of all mineral resources of the country; to encourage the development of mineral mining and processing industries; to protect the environment and ecology, and to ensure labor safety in mineral activities;
Pursuant to Articles 17, 29 and 84 of the 1992 Constitution of the Socialist Republic of Vietnam;
This Law prescribes the management, protection and basic geological survey of mineral resources and mineral activities
Article 1.- Ownership of mineral resources
Mineral resources found on the land territory, islands, and in the internal waters, the territorial waters, the exclusive economic zone and the continental shelf of the Socialist Republic of Vietnam shall be owned by the entire people and come under the unified management of the State.
Article 2.- Objects and scope of regulation
This Law shall apply to the management, protection and basic geological survey of mineral resources and mineral activities, including prospection, exploration, exploitation and processing of solid and gaseous minerals, mineral water and natural thermal water; except oil and gas and other kinds of natural water which shall be regulated by other legal documents.
Article 3.- Definition
In this Law, the following words and expressions shall be construed as follows:
1. Minerals mean natural resources lying underground, on land in the form of natural concentrations of minerals, useful mineral substances in solid, liquid or gaseous forms, which are exploitable at present or in the future. Minerals or mineral substances lying at dumping sites of a mine, which can be re-exploited later, are also minerals.
2. Mineral water means natural waters, found underground or on land surface, which contain a number of compounds having biological characteristics in high content classified in accordance with Vietnamese Standards or foreign standards allowed to be applied by the Vietnamese State.
3. Natural thermal water means natural waters found underground or on land surface, which always have high temperature classified in accordance with Vietnamese Standards or foreign standards allowed to be applied by the Vietnamese State.
4. Basic geological survey means the study and survey of the structure or composition of material, the history of evolution and development of the Earth crust and the relevant conditions and laws on bio-mineralogy.
5. Basic geological survey of mineral resources means the overall evaluation of mineral potentials on the basis of basic geological survey, used as scientific foundation and orientation for the prospection and exploration of minerals.
6. Mineral prospection means study of the geological materials and documents on mineral resources, and actual geological survey so as to delineate the prospective areas for exploration of minerals.
7. Mineral exploration means any activity aimed at finding, discovering, evaluating the reserve and quality of minerals and the technical conditions for mining, including technological specimen taking and testing, and feasibility studies for mineral extraction.
8. Mining means basic construction of a mine, excavation, production and any activities directly related to mineral extraction.
9. Mineral processing means classification, enrichment of minerals or other activities aimed to increase the value of extracted minerals.
Article 4.- Management, protection and use of mineral resources
The State shall make policy to manage, protect and rationally, economically and effectively use mineral resources; concurrently protect the environment and other relevant resources, and to ensure the national defense, security, labor safety and labor hygiene in mineral activities.
The Government shall exert unified management of all mineral resources and mineral activities throughout the country, and shall be responsible for organizing the implementation of the mineral law.
The People’s Council and the People’s Committee at all levels shall, within their duties and powers, apply measures to manage and protect mineral resources; to supervise and inspect the enforcement of the mineral law in their localities.
The Vietnam Fatherland Front and its member organizations shall, within their duties and powers, be responsible for popularizing and mobilizing people to fulfill their obligations of protecting mineral resources and supervising the enforcement of the mineral law.
The State bodies, economic organizations, socio-political organizations, social organizations, People’s Armed Force units and all citizens shall have to implement the mineral law and have rights and powers to disclose and denounce acts of violation against the mineral law.
Article 5.- Encouragement of investment in mineral activities and development of mineral mining and processing industry
1. The State encourages investment in the development of mineral mining and processing industry; provides preferential policies on mineral activities in remote and highland areas, places with poor infrastructure, and on minerals needed for domestic use; gives priority consideration to projects with modern techniques and technologies applied in mining, processing and producing products of high value and high socio-economic efficiency.
2. The State shall create conditions for the State enterprises to play the leading role in mining and processing important minerals.
3. The State shall protect the right to ownership of capital, assets, and other legitimate rights and interests of organizations, individuals in mineral activities in accordance with provisions of this Law and other provisions of law.
4. The Government shall issue a list of minerals subject to export or import ban in each period; shall restrict the export of minerals in the form of raw materials.
Article 6.- Organizations, individuals entitled to mineral activities
Organizations and individuals meeting the conditions prescribed in this Law and other provisions of law shall be entitled to mineral activities.
The Government shall lay down the financial, technological and other conditions of organizations, individuals allowed for mineral activities.
Article 7.- Interests of the people in locality(ies) where minerals are mined or processed
The interests of the people in locality(ies) where minerals are mined or processed shall be protected by the following major policies:
1. On the basis of the revenue earned from mineral mining and processing, the State shall annually channel a portion of the budget for socio-economic development in the locality(ies) where minerals are mined or processed; and create conditions for stabilizing the production and life of the people in areas where minerals are mined or processed who have to change their places of residence and production place;
2. Organizations or individuals licenced to mine or process minerals shall have the responsibility to combine the requirements of the mineral mining and processing activities with the requirements of the capital construction of infrastructure to protect, rehabilitate the environment, ecology and land in the locality(ies) in accordance with the approved feasibility study report; give priority to the recruitment of local labor for mineral activities and related services.
Article 8.- Strict prohibition of breach of mineral lawThe disclosure of State secrets on mineral resources and the conduct of illegal mineral activities are strictly forbidden.