Can businesses register to exploit minerals? What rights and obligations do enterprises have in mineral exploitation?

Can businesses register to exploit minerals?

Pursuant to Article 51 of the 2010 Mineral Law, organizations and individuals exploiting minerals are regulated as follows:– Organizations and individuals registered to do business in mineral exploitation are allowed to exploit minerals including:

Enterprises established under the Enterprise Law;

Cooperatives and unions of cooperatives are established under the Law on Cooperatives.

Business households registered to do business in the mineral mining industry are allowed to exploit minerals as common construction materials and salvage minerals.

Thus, if you establish a business under the Enterprise Law and operate in the right registered business line without violating the law, your business can still operate in the field of normal mineral exploitation.

What rights and obligations do businesses have in mineral exploitation?

Pursuant to Article 55 of the 2010 Mineral Law, it stipulates the rights and obligations of organizations and individuals exploiting minerals as follows:– Organizations and individuals exploiting minerals have the following rights:

+ Use information about minerals related to mining purposes and permitted mining areas;

+ Conduct mineral exploitation according to the Mineral Exploitation License;

+ To explore and upgrade mineral reserves within the area and depth permitted for exploitation, but must notify the volume and time of exploration and upgrade to the state management agency competent to issue licenses before implementation;

+ Storing, transporting, consuming and exporting exploited minerals according to the provisions of law;

+ Request to extend or return the Mineral Mining License or return part of the mineral mining area;

+ Transfer of mineral exploitation rights;

+ Complaint or sue against decisions to revoke mineral exploitation licenses or other decisions of competent state agencies;

+ Rent land according to the provisions of land law in accordance with the mineral exploitation investment project and approved mine design;

+ Other rights as prescribed by law.

– Organizations and individuals exploiting minerals have the following obligations:

+ Pay fees for granting mineral mining rights, fees for granting mineral licenses, taxes, fees and perform other financial obligations according to the provisions of law;

+ Ensure the progress of basic mine construction and mining activities determined in mineral exploitation investment projects and mine design;

+ Register the start date of basic mine construction and the start date of exploitation with the state management agency competent to issue licenses and notify the People’s Committees at all levels of the locality where the mine is located before implementation;

+ Maximize exploitation of main minerals and accompanying minerals; protect mineral resources; Implement labor safety, labor hygiene and environmental protection measures;

+ Collect and store information about the results of exploration and upgrading of mineral reserves and mineral exploitation;

+ Report mineral exploitation results to competent state management agencies according to regulations of the Ministry of Natural Resources and Environment;

+ Compensate for damage caused by mineral exploitation activities;

+ Create favorable conditions for other organizations and individuals to conduct scientific research activities permitted by the State in mineral exploitation areas;

+ Close the mine, restore the environment and land when the Mineral Mining License expires;

+ Other obligations as prescribed by law.

How long is a mineral exploitation license valid for?

Pursuant to Article 54 of the Mineral Law 2010 stipulates mineral exploitation licenses as follows:

– A mineral exploitation license must have the following main contents:

+ Name of organization or individual exploiting minerals;

+ Type of mineral, location, area of ​​mineral exploitation area;

+ Mineral reserves, capacity, and mining methods;

+ Mineral exploitation period;

+ Financial obligations and other related obligations.

– A mineral exploitation license is valid for no more than 30 years and can be renewed many times, but the total extension period must not exceed 20 years.

In case of transferring mineral mining rights to another organization or individual, the mining term is the remaining time of the previously issued Mineral Mining License.

Thus, a mineral exploitation license has a maximum term of 30 years.