Tiếng Việt
中文An enterprise may register mineral mining if it satisfies all conditions under the Law on Geology and Minerals No. 54/2024/QH15 (effective from 01/7/2025, replacing the Law on Minerals 2010).
1. Does an Enterprise Have the Right to Mine Minerals?
Minerals are owned by the entire people and uniformly managed by the State. Organizations and individuals may mine minerals when they are granted a Mineral Mining License by a competent state agency in accordance with the Law on Geology and Minerals 2024.
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An enterprise wishing to mine minerals must be lawfully established and register an appropriate mineral mining business line before applying for a license.
2. Conditions for Issuing a Mineral Mining License
Under the Law on Geology and Minerals 2024, an organization applying for a Mineral Mining License must satisfy the following basic conditions:
- Having a mineral mining investment project consistent with the mineral planning;
- Having an environmental impact assessment report or an environmental license in accordance with the law on environmental protection;
- Having equity capital and financial capacity to ensure project implementation;
- The proposed mining area is not subject to prohibition or temporary prohibition of mineral activities.
3. Authorities Granting Mineral Mining Licenses
Under the current decentralization:
- The Ministry of Agriculture and Environment grants licenses for minerals under central-level authority;
- Provincial-level People’s Committees grant licenses for minerals used as common construction materials and for cases under decentralization.
Notes on Applying
The Law on Geology and Minerals 2024 has fully replaced the Law on Minerals 2010 from 01/7/2025. Procedures, conditions, and licensing authorities must be directly checked against the new law and its implementing decrees; the provisions of the old law no longer apply.
Common Risks to Note
- Mining minerals without a license or beyond the scope of the license;
- Failing to fully perform environmental obligations and environmental restoration after mining;
- Failing to pay in full the mineral mining right grant fee, natural resource tax, and other financial obligations.
How Can ANT Legal Help?
ANT Legal supports reviewing conditions, preparing the dossier for applying for a Mineral Mining License, and advising on compliance during operations. For advice, please contact an ANT Legal lawyer at 0966.475.966.
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