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To fulfill the state management role in activities related to mining, use, and trading of minerals, the National Assembly has passed the Mineral Law in various sessions, tailored to the practical situation in each specific period.
The content of the 2010 Mineral Law, the latest guidance decree on the Mineral Law
1. Overview of the Latest Mining Law.
2. New Points of the Mining Law
* Download the 2010 Mining Law HERE
1. Overview of the Latest Mining Law
- The Mining Law No. 60/2010/QH12 dated November 17, 2010, effective from July 1, 2011, is the latest Mining Law. This law replaces the 1996 Mining Law, amended in 2005.
- The Mining Law of 2010 has been amended and supplemented by certain provisions of the Law amending and supplementing some articles of 37 related laws to the 2018 planning law. Therefore, the Office of the National Assembly issued a unified Mining Law between the 2010 Mining Law and this Law.
- The guidance for the 2010 Mining Law is Decree No. 158/2016/NĐ-CP.
- The new Mining Law consists of 86 Articles in 11 Chapters. Compared to the 1996 Mining Law, it adds 02 chapters and 21 Articles.
- The regulatory scope of the 2010 Mining Law:
+ Regulations regarding basic geological investigation of mineral resources;
+ Regulations on protection of unexploited mineral resources.
+ Regulations on exploration and exploitation of mineral resources;
+ Regulations on state management of mineral resources within the mainland, islands, internal waters, territorial sea, contiguous zone, exclusive economic zone, and continental shelf.
Note: The 2010 Mining Law does not regulate mineral processing activities.
Mining enterprises not only adhere to the regulations of the Mining Law but also to those of the Enterprise Law, Tax Law, etc.
2. New Points of the 2010 Mining Law
With the addition of 21 articles compared to the 1996 Mining Law, the 2010 Mining Law introduces numerous new points. However, within the scope of this article, Mytour only highlights a few notable new points as follows:
Key Highlights of the 2010 Mineral Law and Its Guiding Documents
- Addition of Section 9 regarding mineral strategy: Principles, basis for formulation, content of strategy, duration, relevant agencies for formulation and approval.
- Previously, protection of unexploited mineral resources was only regulated in Section 9 of the 1996 Mineral Law, as amended in 2005. The 2010 Mineral Law elevates the protection of unexploited mineral resources to a separate chapter and specifies the responsibilities of stakeholders.
- Addition of Chapter V concerning 'mineral areas': Classification; explanation of what mineral areas entail; prohibited activities in mineral areas;...
- Addition of provisions on conditions for transferring mineral exploitation rights in Article 66.
Mineral Law 2010, up to the present time, has also undergone a considerable period of application. It is projected that by the end of 2023, a new Mineral Law will be passed by the National Assembly and will come into effect in 2024, aiming to ensure its relevance to practicalities.
Readers can also follow additional legal regulatory documents such as: Economic Law, Budget Law, Forestry Law, ...
