2012 substantial changes in Vietnam's Mining Regulations

By Dang Duong Anh

Following the new Law on Minerals of 2010,¹ the Government has recently issued Decree 15/2012/ND-CP dated 09 March 2012 guiding the Law on Minerals of 2010 ("Decree 15"), which will take effect from 25 April 2012. Decree 15 and certain other regulations and policies newly issued by the Government introduce various significant changes in the mining industry of Vietnam. These changes are expected to have substantial impacts on both licensed projects and prospective projects on mining activities in Vietnam.

1. Partly lifting the suspension of the licensing process in mining sector

Following the mineral strategy under Decision 2427 dated 22 December 2011,² the Prime Minister issued Directive 02 dated 9 January 2012 enhancing the State management on exploration, exploitation, processing, using and export of minerals ("Directive 02"). Directive 02 partly lifts the temporary suspension on issuance of exploration and mining licenses under Official