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License to Operate a Value-Added Industrial Plant and Mineral Separation

ໃບອະນຸຍາດດຳເນີນກິດຈະການໂຮງງານອຸດສາຫະກໍາເສີມຄຸນຄ່າ ແລະ ແຍກແຮ່ທາດ

General information
Name of formality License to Operate a Value-Added Industrial Plant and Mineral Separation
Type of formality License
Date of last modification 07.11.2017
Responsible Authorities Mine Management Department
LSIC
Who should complete this business formality?
This applies to both domestic and foreign legal entities engaged in the value-added and mineral separation business in order to provide mineral products in Lao PDR. which has these two types:
1. Holders of mining development contracts (or value-added and mineral separation) with the government (holding a concession certificate from the Investment sector). For concession activities, they will issue it together with the mining prospecting license.
2. Those who are authorized by the government (holding an investment certificate from the investment sector), for factory activities without concession areas.
Qualifications needed by the business to get the formality
For those who do not have a mining concession area, they must have the following conditions:
1. Hold an enterprise registration certificate from the Industry and Commerce sector.
2. Complete the economic-technical feasibility study
3. Hold an Environmental Compliance Certificate (ECC)
4. Obtain an investment license from the Investment sector (Ministry of Planning and Investment)
Additional Comment

                                                    

LEGAL FRAMEWORK
Name Number Date Comment
Presidential Ordinance on Fees and Service Fees 003/PO 26.12.2012
Instruction governing the Management of Mineral Processing Plant 0760/MOEM 28.05.2015 Chapter III, Article 7 and Article 10
Law on Mineral (Amended) 31/NA 03.11.2017 Part IV, Article 27 and Article 32

REQUIRED DOCUMENTS FORMALITIES - First time
Name Type Comment
Request Letter Confirmative act
                                                                         
Investment License Confirmative act
                                                                        or Concession Registration Certificate 
Construction Plan of Value-Added Industrial Plant and Mineral Separation Confirmative act
                                                                         
Feasibility Study Confirmative act
                                                                        certified by the Ministry of Energy and Mine  
Floor Plan of the Factory Confirmative act
                                                                        approved/certified by the regulations of Public Works and Transports Sector 
Environmental Compliance Certificate (ECC) Formality
                                                                        from the Natural Resources and Environment Sector 
Permit or Decision on the Land Use for Construction Confirmative act
                                                                        from relevant provincial or Vientiane Capital authorities 
Information on Raw Materials (Mineral) Confirmative act
                                                                        that is going to supply to the Value-Added Industrial Plant and Mineral Separation such as Mineral Purchase and Sale Agreement, or the Initial Agreement on Mineral Purchase and Sale 

REQUIRED DOCUMENTS FORMALITIES - Renew
Name Type Comment
 
Mean of presentation
Means of presentation
Address of authority Mine Department, Ministry of Energy and Mines
Processing Time (Day(s)) 30 Once the investor submits complete documents, the Ministry of Energy and Mines will consider issuing the permit within 30 working days. (Article 8, Regulation on the Management of Value-Added and Mineral Separation Factories)
 
RENEWAL INFORMATION
Does the formality have a validity or an expiration date? YES
How long will the formality be valid for? (in months) 60
What is the process and conditions to get the formality?
What is the process and conditions to renew the formality? - Each license will not be valid for more than 5 years. It will be issued in accordance with the conditions specified by the government, which is not more than 20 years, and it can be renewed upon approval from the government case by case, depending on the size of the factory, the age of the factory, and the efficiency of the project. - For the renewal of the license, an application must be submitted to the Energy and Mines sector within 90 days prior to its expiry date in accordance with the contract; Including a summary report, an action plan on a regular basis in accordance with the contract, an economic-technical feasibility study, fulfill financial obligations to the government properly and fully in accordance with the regulations. Moreover, it shall be supported and approved by the people and local authorities. In order to renew the license, the applicant should meet the requirements and submit the following documents: 1. Submit an implementation report of value-added and mineral separation activities and future plans. 2. Implement activities in accordance with the value-added and mineral separation plan or the economic-technical feasibility study approved by the Energy and Mines sectors on a regular basis. 3. Create the least impact on the environment and society, or it shall be eco-friendly. 4. Report regularly as specified in the contract and the agreement of the Ministry of Energy and Mines 5. Comply with the labor safety, hygiene, and financial obligations to the government, etc. correctly and completely. 6. Have supporting letters from local authorities 7. have a report and a record of the inspection from the technical authorities of the Department of Mines as well as the relevant sectors. Once the investor has submitted complete documents, the Ministry of Energy and Mines will consider issuing a license to operate the value-added industrial plant and mineral separation within 30 working days.
 
ISSUING FEES
Has application fees? Service fees Certificate fees Application fees Total fees
YES 0.00 300000.00 0.00 300000.00
Comments
Refer to the Presidential Ordinance No. 003/PO
 
RENEWAL FEES
Has renewal fees? Service fees Certificate fees Renewal fees Total renewal fees
YES 0.00 300000.00 0.00 300000.00
Comments
Refer to the Presidential Ordinance No. 003/PO
     
 

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