The Government has just issued Resolution No. 28/2026/NQ-CP dated June 9, 2026 on a special mechanism allowing exploitation exceeding no more than 15% of capacity for coal mineral exploitation licenses that are still in effect to ensure national energy security.
This Resolution applies to organizations and individuals licensed to exploit coal minerals; relevant state management agencies.
According to the Resolution, the application of special mechanisms must ensure national energy security in emergencies, without disrupting the supply of coal for electricity production and basic industries.
Exploitation exceeding capacity must not exceed the coal reserves licensed by competent authorities and the excess exploited output must only be supplied for electricity production.
Ensure strict management of mineral resources; fully fulfill financial obligations to the State; comply with the provisions of law on environmental protection, safety and occupational health.
The Resolution clearly states that organizations and individuals are allowed to exploit more than 15% of the capacity specified in the coal mineral exploitation license without having to carry out procedures to adjust the content of the mineral exploitation license when fully meeting the prescribed conditions.
Over-capacity mining can only be carried out after completing the registration procedures as prescribed in Article 5 of this Resolution. The total output of mined coal (including the part exceeding capacity) does not exceed the allowed coal reserves and must be monitored, supervised, and periodically reported according to regulations.
Organizations and individuals are only allowed to apply the overcapacity exploitation mechanism when they fully meet the following conditions:
1. Have a valid mineral exploitation license.
2. Have sufficient technical capacity, ensuring equipment and technology to meet increased operating capacity.
3. Ensure labor safety, mine safety and environmental protection.
4. The additional coal production must be within the reserves approved and licensed by competent authorities. Exceeded mineral production is only supplied for electricity production.
This Resolution takes effect from June 9, 2026 and is valid until December 31, 2027.
After the above deadline, mineral exploitation shall be carried out in accordance with the regulations of the issued mineral exploitation license and in accordance with the current law.
