Guide to Mineral Rights Transfer

The procedure for a Mineral Rights Transfer is crucial for ensuring legality and transparency in mineral business activities. It allows enterprises to optimize resources and transfer exploitation rights safely and effectively. This article by Long Phan Consulting Company provides detailed information on the process, dossier requirements, and important considerations for this procedure.

 

Conditions for Mineral Rights Transfer

The conditions for a Mineral Rights Transfer are strictly regulated under Article 58 of the Geology and Minerals Law 2024, guided by Articles 66 and 67 of Decree No. 193/2025/ND-CP (effective July 2, 2025). Key conditions include:

• The organization or individual holding the mineral exploitation license may only transfer the rights after completing basic construction and commencing mining operations.
• The transferee must meet all the conditions required to be granted a mineral exploitation license.
• The transferor must have fulfilled all obligations specified in points a, d, dd, g, h, i, and k of Clause 2, Article 59 of the Geology and Minerals Law 2024, supported by documentary evidence.
• For licenses issued by the Ministry of Agriculture and Environment, the provincial-level People’s Committee must confirm the fulfillment of obligations.
• At the time of submission, the exploitation license must be valid for at least six more months.

Dossier Components for a Mineral Rights Transfer

The required dossier components are detailed in Clause 3, Article 66 of Decree No. 193/2025/ND-CP. The dossier must contain complete information about the transferor, transferee, and the mineral area.

Components include:

• An application for the Mineral Rights Transfer (original).
• A map of the exploitation area, including current status maps and cross-sections (original).
• The transfer contract, including an inventory of transferred assets (certified copy). The contract must specify the rights, obligations, transfer value, and payment method.
• A report on exploitation activities from the license’s effective date to the time of the transfer (certified copy).

Competent Authorities

According to Clause 1, Article 25 of Decree No. 193/2025/ND-CP, the competent authorities for processing the dossier are:

• Department of Geology and Minerals of Vietnam: For dossiers under the licensing authority of the Ministry of Agriculture and Environment.
• Department of Agriculture and Environment: For dossiers under the licensing authority of the Chairman of the provincial-level People’s Committee.

Additionally, Article 108 of the Geology and Minerals Law 2024 specifies licensing authority as follows:

• The Ministry of Agriculture and Environment issues exploration and exploitation licenses for Group I and II minerals. (Note: Authority for Group II minerals will be transferred to provincial People’s Committees from July 1, 2025, per Decree 136/2025/ND-CP).
• Provincial-level People’s Committees issue licenses for:
  • Exploration and exploitation of Group III and IV minerals.
  • Exploration and exploitation of Group I and II minerals in small, scattered areas designated by the Ministry of Natural Resources and Environment.
  • Salvage mining of Group I, II, and III minerals.

Clients must identify the correct mineral group to notify the appropriate authority.

Submission Methods and Resolution Procedure

Applicants can submit the dossier for a Mineral Rights Transfer via one of the following methods:

• Direct submission at the One-Stop-Shop office of the Ministry of Agriculture and Environment in Hanoi.
• Submission via postal service to the One-Stop-Shop office.
• Online submission via the Public Service Portal: http://dichvucong.mae.gov.vn

The resolution procedure, according to Articles 66 and 67 of Decree No. 193/2025/ND-CP, involves the following steps:

• Step 1: Submit the Dossier The applicant submits the dossier to the state management agency competent to issue the exploitation license.
• Step 2: Receive and Inspect the Dossier (03 working days) Within 03 working days, the receiving agency checks the dossier’s completeness. If complete, a receipt is issued. If not, the dossier is returned with a notice for supplementation.
• Step 3: Appraise the Dossier (not exceeding 30 days) The appraisal body has up to 30 days to review the dossier, consult relevant agencies, and conduct a field inspection if necessary. Consulted agencies have up to 20 days to respond.
• Step 4: Decide on the Transfer (not exceeding 05 working days) Within 05 working days of receiving the appraised dossier, the competent state authority will issue a decision approving or denying the Mineral Rights Transfer. A written reason is provided for any denial.
• Step 5: Return the Result (not exceeding 02 working days) The receiving agency notifies the applicant to receive the result within 02 working days of the decision.

The maximum total processing time is 40 working days, excluding any time required for dossier supplementation.

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

Fees and Charges

Fees and charges for a Mineral Rights Transfer are regulated by law. The appraisal fee is based on the mineral type and reserve size, ranging from 15 million to 100 million VND.

According to the fee schedule attached to Circular No. 10/2024/TT-BTC: | # | License Type | Fee (VND) | |—|—|—| | 1a | Common construction materials (small scale, no explosives) | 15,000,000 | | 1b | Common construction materials (medium scale) | 20,000,000 | | 1c | Common construction materials (large scale) | 30,000,000 | | 2 | Cement raw materials, industrial explosives use, dimension stone | 40,000,000 | | 3a | Open-pit mining (no explosives) | 40,000,000 | | 3b | Open-pit mining (with explosives) | 50,000,000 | | 4 | Underground mining | 60,000,000 | | 5 | Precious minerals | 80,000,000 | | 6 | Special and toxic minerals | 100,000,000 |

Services by Long Phan Consulting Company

Long Phan Consulting Company provides comprehensive legal services for the Mineral Rights Transfer procedure. Our experts have practical experience and deep knowledge of the latest regulations.

Our professional services include:

• Representing clients in submitting the dossier and working with competent authorities.
• Handling technical and environmental explanations to expedite the process.
• Resolving legal issues to ensure a smooth and timely transfer.
• Advising on fair transfer value and negotiating key contract terms.
• Guiding clients on tax obligations and asset handover procedures.
• Assisting with post-transfer compliance regarding environmental and labor safety.
• Drafting the transfer contract with robust clauses to protect client interests.
• Preparing and completing the full dossier to prove the transferee’s eligibility.
• Reviewing and standardizing all documents to ensure accuracy and validity before submission.

Long Phan Consulting Company is committed to guiding clients through the entire Mineral Rights Transfer process, ensuring legal security and optimizing benefits.

Frequently Asked Questions (FAQ)

What is the core condition for an enterprise to transfer its mineral exploitation rights?

The enterprise must have completed basic construction and started mining operations. The license must be valid for at least 06 more months, and the transferor must have fulfilled all legal and financial obligations. Legal basis: Article 58 of the Geology and Minerals Law 2024.

What are the main documents required in the transfer dossier?

The four main documents are: (1) The application for transfer; (2) Maps of the exploitation area; (3) The transfer contract with an asset inventory; (4) A report on exploitation activities to date. Legal basis: Clause 3, Article 66, Decree No. 193/2025/ND-CP.

What is the maximum processing time for the procedure?

The maximum total time is 40 working days from the receipt of a complete and valid dossier, not including any time for supplementation. Legal basis: Articles 66 and 67 of Decree No. 193/2025/ND-CP.

Which agency is competent to process the transfer dossier?

The Department of Geology and Minerals of Vietnam processes dossiers for licenses issued by the Ministry of Agriculture and Environment. The provincial Department of Agriculture and Environment handles dossiers for licenses issued by the provincial People’s Committee. Legal basis: Clause 1, Article 25, Decree No. 193/2025/ND-CP.

How is the appraisal fee for the transfer dossier determined?

The fee is based on the mineral type and the mine’s reserve size, ranging from 15 million VND for small-scale common construction materials to 100 million VND. Legal basis: Circular No. 10/2024/TT-BTC.

Conclusion

To execute a Mineral Rights Transfer correctly and mitigate legal risks, organizations must understand the conditions and prepare a complete dossier. For expert support or tailored solutions, please contact Long Phan Consulting Company at our hotline: 1900636389. Our experienced legal team is ready to assist you.