Decree No. 193/2025/ND-CP detailing a number of articles and measures to implement the Law on Geology and Minerals includes 11 chapters and 155 articles; in which, it clearly stipulates the following contents: Basic geological survey, geological survey of minerals; Mineral areas; Mineral activities, mineral recovery, mineral processing; Closing of mineral mines of groups I, II and III; Management of strategic and important minerals; Management of sand and gravel in riverbeds, lake beds and sea areas; Information and data on geology and minerals; Finance on geology, minerals and auction of mineral exploitation rights; Specialized inspection of geology and minerals;...
This Decree applies to agencies, organizations, communities, households and individuals participating in basic geological surveys, geological surveys of minerals, mineral activities, mineral recovery and other activities related to geology and minerals in the territory of the Socialist Republic of Vietnam.
Group IV minerals according to Decree 193/2025/ND-CP include: minerals used as common construction materials that are only suitable for the purpose of filling, building foundations, building irrigation works, preventing and combating natural disasters, including: clay, hill soil, soil with other names; soil mixed with rocks, sand, pebbles or gravel; sand of all kinds (except sand, gravel from riverbeds, lakebeds and sea areas; white silica sand).
Regarding the term of the license to exploit Group IV minerals, the Decree stipulates:
The Group IV mineral exploitation license granted to organizations and individuals specified in Clause 1, Article 72 of the Law on Geology and Minerals has a maximum term of 10 years, including the basic construction period and the exploitation period determined according to the mineral exploitation investment project. The term of the Group IV mineral exploitation license may be extended multiple times according to the provisions of Article 90 of this Decree, but the total extension period shall not exceed 5 years.
The Group IV mineral exploitation license granted to the organization specified in Clause 2, Article 72 of the Law on Geology and Minerals has a maximum term equal to the construction term of the projects, works, construction items, and emergency mobilization measures specified in Points a and b, Clause 2, Article 72 of the Law on Geology and Minerals using Group IV minerals and specified in the Group IV mineral exploitation license (hereinafter referred to as the project, works using minerals). The term of the Group IV mineral exploitation license may be extended multiple times according to the provisions of Article 90 of this Decree, but the total term of issuance and extension shall not exceed the construction term (including the extended and adjusted term) of the project, works using minerals stated in the Group IV mineral exploitation license.
Regarding the granting of licenses for exploiting Group IV minerals, the Decree clearly states:
Conditions for granting a license to exploit Group IV minerals to organizations and individuals are specified in Clause 1, Article 72 of the Law on Geology and Minerals as follows:
- The competent state agency has decided or approved the investment policy of the mineral exploitation investment project in cases subject to having a decision or approval of the investment policy according to the provisions of the law on investment;
- The competent state management agency has approved the results of the appraisal of the environmental impact assessment report or granted an environmental license for the mineral exploitation investment project in cases subject to environmental impact assessment or environmental license issuance according to regulations of law on environmental protection;
- In accordance with the principles of mineral exploitation prescribed in Clause 2, Article 73 of the Law on Geology and Minerals;
- The area proposed for granting a mining license has survey results, general information assessment for group IV minerals or mineral exploration results confirmed, recognized or approved by a competent authority.
The organizations specified in Clause 2, Article 72 of the Law on Geology and Minerals shall be considered and granted a license to exploit Group IV minerals when meeting the conditions specified in Point c and Point d, Clause 1 of this Article.
The order and procedures for granting a license to exploit Group IV minerals to organizations and individuals specified in Clause 1, Article 72 of the Law on Geology and Minerals are as follows:
Within no more than 15 days from the date of receiving the dossier, the dossier appraisal agency shall be responsible for examining and reviewing documents, dossiers and contents related to the issuance of a license to exploit Group IV minerals; conducting field inspections; if necessary, sending a written request for opinions from relevant agencies under the Provincial People's Committee on areas prohibited from mineral activities, areas temporarily prohibited from mineral activities and contents related to the issuance of a license to exploit Group IV minerals.
The time of the on-site inspection is decided by the dossier appraisal agency but must be completed before submitting the dossier for granting a license to exploit Group IV minerals to the Provincial People's Committee;
Within no more than 05 working days from the date the dossier appraisal agency issues a written request for comments as prescribed in Point a of this Clause, the consulted agency shall be responsible for responding in writing on relevant issues. After the time limit prescribed in this Clause, if the consulted agency does not respond in writing, it shall be deemed to have agreed and shall be responsible for the relevant contents of the dossier for granting a license to exploit Group IV minerals;
Within no more than 03 working days from the date of completion of the contents specified in Point a and Point b of this Clause, the dossier appraisal agency must complete the appraisal of the contents: coordinates, area, depth, mineral volume, capacity, exploitation period of the dossier requesting the issuance of a license to exploit Group IV minerals and other contents related to the issuance of a license to exploit Group IV minerals; determine the fee for granting the right to exploit minerals; submit the dossier for granting a license to exploit Group IV minerals, approve the fee for granting the right to exploit minerals to the Provincial People's Committee;
Within no more than 03 working days from the date of receipt of the application for a license to exploit Group IV minerals, the Chairman of the Provincial People's Committee shall decide whether or not to grant a license to exploit Group IV minerals. In case of not granting a license to exploit Group IV minerals, a written response must be given stating the reasons;
Within no more than 02 working days from the date the Chairman of the Provincial People's Committee decides to grant or not to grant a license to exploit Group IV minerals, the dossier receiving agency shall notify the organization or individual requesting a license to exploit Group IV minerals to receive the results of the processing of the application for a license to exploit Group IV minerals and perform related obligations as prescribed;
In case an organization or individual is granted a license to exploit Group IV minerals, within 02 working days from the date of receipt of sufficient documents and materials proving the fulfillment of relevant financial obligations, the agency receiving the dossier shall hand over the license to exploit Group IV minerals to the organization or individual.
Source: https://baolaocai.vn/dieu-kien-cap-phep-khai-thac-khoang-san-lam-vat-lieu-xay-dung-post648232.html
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