Mineral Exploration License: A Guide

The Mineral Exploration License is a critical legal procedure. It ensures exploration activities are transparent, compliant with regulations, and aligned with the state’s strategy for managing and exploiting mineral resources. This guide provides a comprehensive analysis of the procedure to obtain a Mineral Exploration License, offering a clear framework for applicants.

Licensing Conditions

According to Articles 37 of the Law on Geology and Minerals 2024, organizations and individuals eligible for a Mineral Exploration License must meet specific criteria.

• Eligible Entities:
  • Enterprises established under the Law on Enterprises; cooperatives and unions of cooperatives established under the Law on Cooperatives; foreign enterprises with representative offices or branches in Vietnam.
  • Individuals or household members registered as a business household in the mineral activities sector are eligible for a Group III Mineral Exploration License.

As per Article 36 of Decree 193/2025/ND-CP (dated July 2, 2025), these entities are considered for a Mineral Exploration License in the following cases:

• The entity won an auction for mineral exploitation rights.
• The entity was selected by a competent state agency to receive a Mineral Exploration License without auction.
• The entity participated in a geological survey of minerals as regulated.
• The entity meets requirements for deep and expanded mineral exploration areas.
• The entity is an investor or contractor for national projects, urgent public investment projects, or national target programs and has proposed mineral exploration in a designated non-auction area.
• The entity received approval from the Prime Minister for exploration in a designated non-auction area.
• The entity was approved for exploration in a restricted or temporarily restricted mineral activity area.
• Mandatory Requirements:
  • Financial Capacity: Applicants must demonstrate sufficient financial resources.
  • Technical Competence: Applicants must be qualified to conduct mineral exploration services directly or have a contract with a qualified exploration service provider.
  • Legal Presence (for foreign entities): Foreign enterprises must have a representative office or branch established in Vietnam.
  • Safety Approval (for radioactive minerals): Applicants for radioactive mineral exploration must have a written safety assessment report approved by the competent authority on atomic energy.

Licensing Authority

The authority to issue a Mineral Exploration License is defined in Article 34 of Decree 136/2025/ND-CP (dated June 12, 2025) and Article 108 of the Law on Geology and Minerals 2024.

• The Chairman of the Provincial People’s Committee has the authority to issue a Mineral Exploration License for Group I, II, and III minerals.

Application Dossier

The application dossier for a Mineral Exploration License, as required by Article 36 of Decree 193/2025/ND-CP, includes:

• An application form for a Mineral Exploration License (original copy of Form No. 01, Appendix I, issued with Circular 37/2025/TT-BNNMT dated July 2, 2025).
• A map of the proposed exploration area (original copy of Form No. 09, Appendix II, issued with Circular 37/2025/TT-BNNMT).
• The mineral exploration plan with accompanying drawings (original copies).
• Documentation proving financial capacity (certified true copies).
• A contract with a qualified exploration service provider, if the applicant does not directly execute the exploration plan (certified true copy).

Note on Financial Capacity (Article 26, Decree 193/2025/ND-CP): Applicants must have owner’s equity or a bank guarantee covering 100% of the total estimated budget for the exploration project.

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• Application for Mineral Exploration License
• Map of Mineral Exploration Area

Dossier Submission and Receipt

Applicants can submit the dossier through one of three methods: in person, via postal service, or online through the National Public Service Portal.

The receiving process, according to Article 42 of Decree 193/2025/ND-CP, is as follows:

• The applicant submits the dossier to the competent state agency.
• Within 03 working days, the receiving agency reviews the dossier for completeness. If complete, a receipt is issued, and the dossier is forwarded for appraisal.
• If the dossier is incomplete, it is returned with a notification detailing the reasons for rejection.

Processing Procedure for the Mineral Exploration License

The procedure to process the application for a Mineral Exploration License involves the following stages:

Dossier Appraisal

After receiving a complete dossier, the appraisal agency conducts an assessment according to Article 42 of Decree 193/2025/ND-CP. The appraisal period is no more than 70 days and includes:

• Reviewing the dossier’s content.
• Requesting written opinions from relevant agencies regarding the proposed area. The exploration plan may be sent to reviewers or experts for technical feedback.
• Relevant agencies must respond within 15 days. A non-response is considered an agreement.
• Verifying the coordinates and area of the proposed exploration site.
• Conducting a field inspection.
• Convening an appraisal council for the exploration plan, if necessary. If revisions are required, the applicant is notified with the council’s minutes and comments.
• Compiling the complete dossier and submitting it to the competent state agency for a final decision on the Mineral Exploration License.

If the dossier is found to be insufficient, it is either returned with a written explanation or the applicant is requested to make specific revisions. This request for supplementation is typically made only once.

License Issuance

Within 05 working days of receiving the appraised dossier, the competent state agency will decide whether to issue the Mineral Exploration License. If the license is not granted, a written explanation must be provided.

Returning Results

Within 02 working days of the decision, the receiving agency notifies the applicant to collect the results.

Procedure in Non-Auction Areas

For areas where mineral rights are not auctioned and no investor has been identified, the selection process under Article 31 of Decree 193/2025/ND-CP is as follows:

1. An interested party submits a dossier to the competent agency.
2. Within 03 working days, the agency publicly announces the applicant’s name, the mineral, and the proposed location on its premises and website.
3. This announcement period lasts for 10 days, during which other interested parties can submit their dossiers.
4. After the 10-day period, no further dossiers are accepted. The received dossiers are sent for appraisal and selection.
5. Within 07 working days, the appraisal agency submits its recommendation, and the state agency announces the selected applicant.
6. The selected applicant then submits the full dossier required for the Mineral Exploration License.

>>> See more at: Consulting services on legal mineral business conditions

Consulting and Authorization Services

Long Phan Consulting Company provides comprehensive services for the Mineral Exploration License procedure. Our support includes:

• Detailed consultation on exploration conditions.
• Guidance on dossier preparation and procedural requirements.
• Verification of the legality of all submitted documents.
• Drafting and preparation of the complete application dossier.
• Acting as the authorized representative to submit the dossier and monitor its progress.
• Receiving and delivering the final result.

Our dedicated team at Long Phan Consulting Company ensures your application for a Mineral Exploration License is managed efficiently and in full compliance with the law.

Frequently Asked Questions

What is mineral exploration?

Mineral exploration is an activity aimed at determining the reserves and quality of minerals and gathering other information necessary for exploitation.

Legal Basis: Clause 22, Article 2, Law on Geology and Minerals 2024.

What are Group I, II, and III minerals?

Group I: Metallic minerals, energy minerals, precious and semi-precious stones, industrial minerals.

Group II: Minerals used as construction materials for producing cement, tiles, sanitary ware, glass, and decorative stone.

Group III: Common construction materials, peat, mineral mud, natural mineral water, and natural hot water.

Legal Basis: Article 6, Law on Geology and Minerals 2024.

What is the duration of a Mineral Exploration License?

The license term includes the time for project execution and report preparation, not exceeding 48 months. It can be extended twice, for a total extension period not exceeding 24 months.

Legal Basis: Clause 4, Article 44, Law on Geology and Minerals 2024.

Can mineral exploration rights be transferred?

Yes, an entity can transfer its exploration rights after completing at least 50% of the exploration project’s estimated budget.

Legal Basis: Article 46, Law on Geology and Minerals 2024.

Can an exploration plan be amended if it fails appraisal?

Yes. If the plan does not meet requirements, the appraisal agency will issue a written notice detailing the necessary revisions. The applicant must then amend and resubmit the dossier.

Legal Basis: Article 42, Law on Geology and Minerals 2024.

Conclusion

The procedure to obtain a Mineral Exploration License is strictly regulated. Understanding and adhering to these regulations helps organizations shorten the application time and contributes to the sustainable exploitation of mineral resources. For detailed consultation and efficient support with your Mineral Exploration License application, contact Long Phan Consulting Company at hotline 1900636389.