1. What is mineral exploration?

According to Clause 6, Article 2 of the 2010 Mineral Law, mineral exploration is an activity aimed at determining mineral reserves, quality and other information serving mineral exploitation.

2. Content and term of the Mineral Exploration License

The content and duration of the Mineral Exploration License according to Article 41 of the 2010 Mineral Law are as follows:

- A mineral exploration license must have the following main contents:

+ Name of organization or individual exploring minerals;

+ Type of mineral, location, area of mineral exploration area;

+ Methods and volume of exploration;

+ Mineral exploration period;

+ Financial obligations and other related obligations.

- Mineral exploration licenses are valid for no more than 48 months and can be extended multiple times, but the total extension period must not exceed 48 months; For each extension, organizations and individuals exploring minerals must return at least 30% of the mineral exploration area according to the issued license.

The mineral exploration term includes the time for implementing the mineral exploration project, the time for submitting for approval of mineral reserves and the time for establishing a mineral exploitation investment project; In case of transferring mineral exploration rights to another organization or individual, the exploration term is the remaining period of the previously issued Mineral Exploration License.

3. Principles and conditions for granting mineral exploration licenses

Principles and conditions for granting mineral exploration licenses according to Article 40 of the Mineral Law 2010 (amended 2018) are as follows:

- The issuance of mineral exploration licenses must ensure the following principles:

+ Mineral exploration licenses are only issued in areas where there are no organizations or individuals legally exploring or exploiting minerals and are not in areas where mineral activities are banned or areas where mineral activities are temporarily banned. , national mineral reserve areas or areas undergoing basic geological investigation of minerals of the same type as the minerals applying for an exploration license;

+ Each organization and individual is granted no more than 05 mineral exploration licenses, excluding expired mineral exploration licenses; The total exploration area of licenses for a type of mineral must not exceed 02 times the exploration area of a license specified in Clause 2, Article 38 of the 2010 Mineral Law.

- Organizations and individuals granted a mineral exploration license must meet the following conditions:

+ Be selected by a competent state management agency according to the provisions of Article 36 of the 2010 Mineral Law or win an auction for mineral exploitation rights in unexplored areas according to regulations;

If an organization or individual does not meet the conditions for practicing as prescribed in Clause 1, Article 35 of the 2010 Mineral Law, they must have a contract with an organization that is qualified to practice as prescribed in mineral exploration;

Have an exploration project consistent with relevant planning according to the provisions of law on planning; For toxic minerals, written permission from the Prime Minister is required

+ Have equity capital equal to at least 50% of the total investment capital to implement the mineral exploration project.

- Business households specified in Clause 2, Article 34 of the 2010 Mineral Law are allowed to explore minerals for use as common construction materials when they meet the conditions prescribed by the Government.

4. Application for mineral exploration license

Dossier for issuance of a Mineral Exploration License according to Clause 1, Article 47 of the Mineral Law 2010 (amended 2018) includes:

- Application for mineral exploration license;

- Mineral exploration project in accordance with relevant planning according to the provisions of law on planning;

- Map of mineral exploration areas;

- A commitment to protect the environment in case of toxic mineral exploration;

- Copy of business registration certificate; In the case of a foreign enterprise, a copy of the decision to establish a representative office or branch in Vietnam is also required;

- Document confirming equity as prescribed in Point c, Clause 2, Article 40 of the 2010 Mineral Law;

- In case of winning an auction for mineral exploitation rights in an area that has not yet been explored for minerals, there must be a written confirmation of winning the auction.

5. Procedures for granting mineral exploration licenses

Procedures for granting mineral exploration licenses according to Article 48 of the 2010 Mineral Law are as follows:

- Organizations and individuals applying for a mineral exploration license must submit their application to the state management agency competent to issue licenses as prescribed in Article 82 of the 2010 Mineral Law.

- The maximum time limit for processing applications for a Mineral Exploration License is 90 days from the date of receipt of complete and valid documents for the application for a Mineral Exploration License.

- In case it is necessary to seek opinions from relevant agencies and organizations on issues related to the issuance of a mineral exploration license, the time for obtaining opinions will not be included in the prescribed time limit.