Laws of Vietnam

THE MINISTER OF INDUSTRY

DECIDES:

Article 1.- To issue together with this Decision the Regulation on the submission of geological reports and the supply of geological and mineral materials.

Article 2.- This Decision takes implementation effects 15 days after its signing and replaces Decision No. 127/QD-DCKS of January 16, 1997 of the Minister of Industry issuing the Regulation on the submission and supply of geological and mineral materials. All previous regulations contrary to this Regulation are now hereby annulled.

Article 3.- The chief of the Ministry’s Office, the chief inspector of the Ministry, the directors of the departments under the Ministry, organizations and individuals permitted to conduct basic geological surveys, basic geological surveys of natural mineral resources, as well as mineral exploration, and other concerned organizations and individuals shall have to implement this Decision.

For the Minister of Industry
Vice Minister
DO HAI DUNG

GENERAL PROVISIONS

Article 1.- In this Regulation the following terms are construed as follows:

1. Geological and mineral materials (hereinafter called materials for short) include geological reports and primary materials.

a/ Geological reports or reports on exploration results (hereinafter called reports for short) are explanatory reports presenting the results of basic geological surveys, basic geological surveys of natural mineral resources or mineral explorations according to the State-assigned tasks and plans or under the mineral activity permits granted by the Ministry of Industry.

Materials enclosed with reports are forms of material synthesized and/or processed from primary materials in order to prove or illustrate the reports’ contents.

b/ Primary materials include documents, data and samples of objects collected on the field, results of analysis and experimentation of geological-mineral samples, with their contents and forms of presentation compliant with the State’s current regulations.

2. Geological Archives

The Geological Archives is located at the Geological Information, Archive and Museum Institute under Vietnam Geology and Mineral Resource Department (hereinafter called the Geological Archives for short).

Article 2.- Vietnamese organizations and individuals, foreign organizations and individuals or joint-venture organizations involving foreign partners (hereinafter called organizations and individuals for short) permitted to conduct basic geological surveys, basic geological surveys of natural mineral resources and mineral explorations on the mainland, islands, internal waters, territorial waters, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam must make reports thereon and deposit them into the Geological Archives under this Regulation.

Article 3.- Reports and materials enclosed therewith submitted at the Geological Archives are national assets, which must be archived and preserved according to the State’s regulations. Materials already deposited at and materials supplied by the Geological Archives according to regulations shall serve as a legal basis for formulation of research schemes, basic geological surveys, basic geological surveys of natural mineral resources, mineral exploration and prospection, pre-feasibility and feasibility studies on mineral exploitation, and other demands, for settlement of disputes over the right to discover minerals as well as other related rights.

Article 4.- All acts of forging materials, illegally keeping, supplying, using and destroying materials are strictly prohibited.

Chapter II

SUBMISSION OF GEOLOGICAL
REPORTS

Article 5.- Obligations of organizations and individuals submitting reports:

Organizations and individuals mentioned in Article 2 of this Regulation must submit two sets of their reports printed on paper into the Geological Archives with their contents compliant with the report-approving decisions or the provisions inscribed in the mineral exploration permits granted by competent State management bodies.

Where the implementation of geological schemes must be stopped ahead of schedule, mineral exploration permits are revoked or returned, one set of report on the results of the implemented work must be also submitted into the Geological Archives.

Article 6.- Organizations and individuals submitting reports into the Geological Archives shall have the rights to:

1. Be granted written certifications of their report submission;

2. Have their reports registered in the list of submitted reports for use as a legal basis for their copyright.

Article 7.- Reports to be submitted into the Geological Archives consist of:

1. Explanatory reports;

2. Materials enclosed with the reports (annexes, drawings).

Article 8.- Explanatory reports printed on paper must consist of:

1. Task assignment documents, scheme-approving and -adjusting decisions, mineral exploration permits and report-approving documents of competent authorities, enclosed with evaluation and mineral exploration criteria, remarks on reports, minutes of meetings to consider and approve the reports and report-approving decisions or evaluation documents of competent bodies;

2. Contents and chapters of the reports according to current regulations;

3. The list of materials enclosed to the reports;

4. The list of primary materials archived and preserved at the units.

5. There must be the signature of the author, the signature of the unit’s head and the stamp of the report-making unit, the signature and stamp of the agency that manages the report-making unit or investor (if any). Annexes and drawings must have the signatures and full names of the report makers, the report-making time, the supervisor, the signature and stamp of the head of the report-making unit.

Article 9.- Materials enclosed with the reports include:

1. Annexes, drawings according to their lists inscribed in the reports already approved by competent authorities;

2. For materials already digitalized with the State’s funding, they must be enclosed with CDs, floppy disks or appropriate information carriers.

Article 10.- Explanatory reports and enclosed materials must be presented in a conspicuous way, without any erasure, bound into books of 19x27 cm in size. Drawings shall be folded and put in 21x30 cm boxes.

The director of Vietnam Geology and Mineral Resources Department shall specify the specifications of materials to be submitted into the Geological Archives.

Chapter III

SUPPLY AND USE OF MATERIALS

Article 11.- Organizations and individuals wishing to refer to and use geological and mineral materials shall be given conditions for reference to and being supplied with the materials at the Geological Archives according to the State’s current regulations.

Article 12.- Principles for supply of materials

1. Serving the right subjects for the right purposes;

2. Convenience for users;

3. Promptness and accuracy;

4. Keeping materials confidential according to law provisions.

Article 13.- Forms of supply of materials

1. Reference, which means reading, taking note in handwriting at the Geological Archives;

2. Duplication of materials by photocopying, photographing, filming, copying data on computer.

Article 14.- Organizations and individuals wishing to refer to or be supplied with materials must send official letters or written requests to Vietnam Geology and Mineral Resource Department, clearly stating the purposes, the list of materials and the forms of reference to or supply of materials, enclosing therewith legal documents of competent State management bodies permitting them to conduct research, basic geological survey, basic geological survey of natural mineral resources or mineral activities.

The units that are assigned by competent State management bodies to formulate plannings, plans and strategies and wish to refer to or be supplied with materials, must obtain the official letters from the ministries, the ministerial-level agencies, the agencies attached to the Government or the People’s Committees of the provinces or centrally-run cities, which are addressed to the Ministry of Industry (Vietnam Geology and Mineral Resource Department) requesting the supply of and reference to materials suitable to the contents, objectives and tasks of the schemes already approved by the competent State bodies.

Vietnam Geology and Mineral Resource Department shall have to consider the dossiers of request for reference to and supply of materials and base themselves on relevant legal documents to grant concrete permissions on the form and content of reference to and supply of materials at the Geological Archives.

Regarding the consideration and permission on the reference to and supply of materials, Vietnam Geology and Mineral Resource Department must strictly abide by the law provisions on minerals, on material confidentiality, other relevant law provisions, and this Regulation.

Article 15.- The mode and procedures for paying money for the use of data and information on the State’s mineral survey and exploration results shall comply with Joint Circular No. 46/2002/TTLT-BTC-BCN of May 21, 2002 of the Ministry of Finance and the Ministry of Industry.

1. The Geological Archives shall have to keep the materials confidential according to the State’s regulations. The permission on the reference to and supply of materials must strictly comply with this Regulation and other relevant law provisions.

2. Organizations and individuals permitted to refer to or be supplied with materials must preserve and use materials for the right purposes as prescribed by law.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 17.- The director of Vietnam Geology and Mineral Resource Department shall have to regularly inspect the submission, preservation, reference and supply of materials and reports at the Geological Archives, to decide on the restoration of materials which are damaged in the archiving process.

Article 18.- Organizations and individuals that violate this Regulation shall, depending on the seriousness of their violations, be handled in the following forms: being sanctioned for administrative violations or being examined for penal liability according to law provisions.

For the Minister of Industry
Vice Minister
DO HAI DUNG