Chỉ thị 03/CT-TTg

DIRECTIVE

ON THE ENHANCEMENT OF THE EFFECT OF THE LEGISLATION ON MINERALS

In the past time, Prime Minister has promulgated the Directive No. 29/2008/CT-TTg dated October 02, 2008 on continued enhancement of the state management of the exploration, extraction, transportation and sale of river sand and gravel; the Directive No. 02/CT-TTg dated January 09, 2012 on enhancement of the state management of the exploration, extraction, processing, consumption and exportation of minerals. Such directives, when executed, have settled obstacles and surmounted limitations in the state management of minerals and set mineral-related activities in order.

However, the following impediments at present constrain the state management of minerals: The actual quantity of minerals and mineral mining losses are under loose control. In some provinces, the decision on investment proposals and construction of mineral processing facilities do not accord with material sources. Moreover, a number of mineral mines have exerted adverse impacts on landscape and residents' living environment though remedial actions have been inadequate. In particular, the scant management of the extraction of sand and gravel from riverbed, estuary and coast has exasperated society while the illegal mining, sale, trafficking and exportation of minerals are extant.

In order to enhance the effect of policies and laws on minerals, Prime Minister issues the following directives:

1. Continue propagating the resolutions of the Vietnam Communist Party and the Government and legislative documents on minerals to the people and relevant organizations.

2. Implement policies and directions, as approved by Prime Minister, with regard to the surveying, exploration, extraction, processing and exportation of minerals according to the Strategy for minerals towards 2020, with a vision towards 2030, in strict manner.

Subject the planning of mineral processing factories to the resultant data of basic geological mineral surveys; decide investments into mineral processing factories in line with material resources attained by exploration or engagement in mineral import contracts.

The licensing of mineral-related activities must be founded on mineral plans, accord with the capacity of processing and consumption and meet environmental requirements. First-time licensing of alluvial gold mining is in abeyance. The licensing of desultory and meager mining of minerals shall be limited towards termination. The exportation of raw minerals shall be barred.

3. Implementation:

a) Ministry of Natural resources and Environment:

- Lead the assessment of the implementation of the Government’s Decree No. 15/2012/ND-CP dated March 09, 2012 on certain articles of the Law of minerals; draft and present decree(s) on (amendments to) certain articles of the Government's Decree No. 15/2012/ND-CP to the Government in 2015;

- Expedite its promulgation of simplified and practical technical regulations on exploration of river sand and gravel; provide guidelines for documents and formalities on registration of volume of sand reclaimed during the dredging and clearing of rivulets and canals;

- Augment basic geological surveys of minerals with finances from the state budget, the government’s ODAs and resources "mobilized” from entities according to the plan approved;

- Augment the inspection of the abidance by the legislation on minerals intra vires; inspect the responsibilities of administrative organizations and leaders in state management of minerals; take strict actions against violations of the legislation on minerals and environment protection;

- Direct the General Department of Geology and Minerals of Vietnam to cooperate with tax authorities in exercising stringent control of actual mineral output of mining entities.

b) Ministry of Industry and Trade:

- Lead and cooperate with the Ministry of Natural resources and Environment in reviewing mineral plans approved intra vires, report to Prime Minister for amendments as per regulations; verify technologies of mineral processing projects intra vires;

- Lead the establishment and promulgation of practical standards and technical regulations on processing levels for each category or type of minerals intra vires;

- Lead and cooperate with the Ministry of Natural resources and Environment and relevant provincial People’s Committees in inspecting and dealing with processing facilities consuming minerals of illegal origin or utilizing obsolete and severely polluting technologies.

c) Ministry of Construction:

- Lead and cooperate with the Ministry of Natural resources and Environment and Ministry of Industry and Trade in reviewing approved plans for minerals as building materials or cement constituents, then report to Prime Minister for amendments as per regulations; verify technologies of mineral processing projects intra vires;

- Lead the establishment and promulgation of practical standards and technical regulations on processing levels for minerals used in building materials;

d) Ministry of Transport:

- Send annual approvals and announce relevant plans and schedules for dredging and clearing of national maritime and inland fairways to the Ministry of Natural resources and Environment and relevant provincial Peoples’ Committees for administrative cooperation;

- Lead and cooperate with relevant provincial People’s Committees in verifying and inspecting projects for dredging and clearing of maritime and inland fairways intra vires. It is strictly prohibited to extract sand illegally under the guise of fairway dredging and clearing.

dd) Ministry of Finance:

- Direct tax authorities' cooperation with the General Department of Geology and Minerals of Vietnam, provincial Departments of Natural resources and Environment in controlling closely mineral-derived revenues in line with the actual output of mineral miners;

- Direct the General Department of Vietnam Customs to inspect commercial frauds in mineral exportation and conduct effective preventive measures; review and promulgate written guidelines for handling minerals and transport in temporary detention;

- National Steering Committee against smuggling, commercial fraud and counterfeit shall direct functional agencies to cooperate with local authorities in strengthening the inspection and prevention of illegal exportation of minerals and commercial fraud in their localities in effective manner.

e) Ministry of National defense: Direct the border guards, marine police and relevant units to cooperate with functional agencies in strengthening the inspection, control and prevention of illegal cross-border exportation of minerals, particularly via maritime routes.

g) Ministry of Public security: Direct local police units to cooperate with authorities of various echelons and relevant functional agencies in preventing and dealing with the illegal extraction of minerals, including sand, gravel, alluvial gold and coal, in effective and stringent manners as per regulations; or the smuggling, trading fraud and illegal exportation of minerals.

h) Ministry of Justice shall lead and cooperate with the Ministry of Public Security, Ministry of Natural environment and Resources and relevant ministries in reviewing criminal regulations and proposing amendments thereof with regard to illegal surveying, exploration, extraction, trafficking and sale of minerals with resultant major consequences.

i) Ministry of Labor - Invalids and Social affairs shall lead and cooperate with relevant ministries and provincial People’s Committees in strengthening the inspection of the occupational safety of the mining of minerals, particularly stones for construction.

k) Ministry of Agriculture and Rural development shall lead and cooperate with the Ministry of Natural resources and Environment and relevant provincial People’s Committees in inspecting the compensatory afforestation for areas transformed to mineral mining sites. Moreover, it shall undertake joint remedial actions against non-compliant entities while augmenting the inspection and handling of entities whose mining and dredging activities cause riverbank erosion and menace to dykes. Furthermore, it shall cooperate with relevant provincial People’s Committees in undertaking preventive and remedial measures against riverbank erosion in effective manner.

l) Ministry of Information and Communications shall cooperate with the Ministry of Natural resources and Environment and provincial People’s Committees in augmenting the propaganda about the legislation on minerals.

m) People’s Committees in provinces and centrally affiliated cities:

- Expedite the revision in mining plans intra vires in conformity to the legislation on minerals; complete the determination and verification of inhibited areas, prohibit mineral mining temporarily in 2015;

- Do not include in the plans the exploration and extraction of river sand and gravel in areas where the dredging and clearing of national maritime and inland fairways have been approved by competent authorities; register the volume of sand reclaimed from dredged and unclogged areas according to Section 2, Article 64 of the Mineral Law;

- Confirm to, in strictly manner, Prime Minister’s directives on the abrogation of regulations on prohibition and temporary inhibition of the transportation of minerals from the localities;

- Plan the protection of un-extracted local minerals, specify responsibilities of the heads of authorities at various echelons, particularly at the communal level; establish the mechanism for cooperation with the authorities of other relevant regions in protecting un-extracted minerals in bordering areas; inspect and supervise inferior People's Committees’ state management of minerals;

- Augment the inspection of mineral-related activities; suspend or revoke investment certificates issued to mineral processing projects having not abided by undertakings and facilities having severely polluted the environment; take determined actions against the illegal extraction, sale, trafficking and exportation of minerals, particularly in border areas; take strict actions against entities covering up illegal mining activities;

- Inspect the dredging and clearing of fairways intra vires on regular basis; suspend determinedly the entities abusing dredging activities for sand extraction or not complying with design standards and dredging schedule. Chairmen of relevant provincial People’s Committees shall be held liable to the Prime Minister for their failure to inhibit illegal mineral mining or abusing of dredging and clearing activities for illegal extraction of sand and gravel.

4. This Directive replaces the Prime Minister's Directive No. 29/2008/CT-TTg dated October 02, 2008 and Directive No. 02/CT-TTg dated January 09, 2012. By the 31^st of January every year, relevant ministries and provincial People's Committees shall report their execution of assignments according to this Directive to the Ministry of Natural resources and Environment which shall consolidate and forward reports to Prime Minister.

5. Central Committee of Vietnam Fatherland Front shall direct Fatherland Front Committees to supervise the adherence to the legislation on minerals, particularly local authorities' prevention of illegal mining of sand, gravel, gold and coal.

Prime Minister demands relevant ministries, agencies and provincial People’s Committees to implement this Directive in strict manner./.