Decree on Strengthening Management of Mining Activities in Attapeu Province

Article

Lao People's Democratic Republic
Peace, Independence, Democracy, Unity, Prosperity

Attapeu Province No...../Provincial Order

Attapeu, February 17, 2022

Order
On Strengthening the Management of Mineral Activities within Attapeu Province

- Pursuant to the Law on Local Administration No. 68/NA, dated December 14, 2015, Article 20 on the rights and duties of the Governor and the Mayor of Vientiane Capital;
- Pursuant to the Law on Environmental Protection No. 29/NA, dated December 18, 2012;
- Pursuant to the Law on Minerals (Amended) No. 31/NA, dated November 3, 2017;
- Pursuant to the current situation of organization, implementation and management of mineral activities within Attapeu Province.
The Governor issues an order:

1. All companies, mineral investment projects, and mineral-related businesses that have contracts with the government and the provincial administration shall diligently carry out mineral-related work in accordance with the procedures, laws and regulations, and relevant concession agreements. Utilize mineral resources economically, efficiently, and effectively, ensure safety, develop mining areas sustainably, and integrate with environmental protection, as follows:

- Mineral exploration and survey work: Companies shall focus on studying, exploring, verifying, surveying geological structures, mineral occurrences, researching minerals, assessing mineral resource quantities, and calculating mineral deposit reserves in accordance with the procedures, technical standards, and work plans set by the Ministry of Energy.
And the mine approves and reports the results of exploration studies, selects economically viable mineral areas to proceed to the economic-technical feasibility study stage, and returns non-economic areas to the state according to regulations and deadlines, does not allow occupation or other persons to take advantage to enter for extraction; if the state discovers, it will be prosecuted according to the law; for minerals obtained from exploration of every project, a detailed assessment must be made, including the total value obtained from such minerals, which must be included as provincial collective assets, then reported to the government, and processing is strictly prohibited without authorization from higher levels.

- Mining, processing, and smelting work: The company conducts mining operations for both open-pit and underground mines.
According to technical standards, transportation must ensure safety and avoid labor accidents. In mining operation areas such as: mineral processing plant areas, tailings ponds, tailings reservoirs, and waste rock dumps, areas must be designated appropriately and safely. It is not allowed to dump waste rock along slopes or construct mining operations at points with risks of steep slopes, ridges, hillsides, gully heads, gully edges that may cause landslides, collapses during the rainy season, resulting in loss of life and property, destruction of forests, water sources, wildlife ecosystems, aquatic animals, and causing environmental-social pollution.

- The volume of ore obtained from mining, ore fed to the plant, especially each smelting of minerals, must have
State officials participate in monitoring, weighing, quality testing, recording signatures as evidence, and safe storage.

- The movement of minerals and mineral products must have inspection, weighing, and documentation from the Department of Energy and Mines and relevant parties every time; it is strictly prohibited to move minerals and mineral products without permission. If officials find any, they shall be confiscated as state property without negotiation.

2. All projects conducting mining activities in Attapeu Province must implement according to contracts and orders from higher levels, and must have strict management and supervision; the province will appoint staff to participate in performing duties.
Management, regular field monitoring according to the rights, roles, and responsibilities of the sectors include:
Department of Energy and Mines; Department of Natural Resources and Environment; Department of Finance and some
necessary sectors (Labor and Social Welfare; Public Security; Agriculture and Forestry; Industry and
Trade) on a case-by-case basis. The company must cooperate, facilitate, report various activity plans,
and allow state officials to access accurate, clear, and transparent information.

3. The company must diligently fulfill all its obligations under the concession agreement completely and on time.
For minerals, semi-finished and finished mineral products, before sale, the mineral resource fee must be paid
in accordance with the President's Decree No. 002/ປປທ, dated September 28.
2023 and taxes, various duties strictly in accordance with laws and regulations.

4. In case any project violates laws, regulations and concession contracts, fails to fulfill obligations, is inactive, delays time, does not follow procedures, transfers rights or brings in partners for any activity without provincial authorization, such company shall be subject to measures under Decree No. 373/ລບ, dated December 1, 2023. The violating company that does not cooperate, causing difficulties to the province and damage to the nation, shall be reported by the Provincial Department of Energy and Mines to the provincial leadership urgently for study and proposal to the government to terminate the contract.

5. The relevant departments at provincial, district, village levels and the operating companies
Minerals within Attapeu Province, please acknowledge and cooperate in strictly implementing this order.

6. This order is effective from the date of signature until a new order amends it.

Governor