Exhibit 3.31
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MINISTRY OF NATURAL RESOURCES & ENVIRONMENT | | SOCIALIST REPUBLIC OF VIETNAM Independence — Freedom — Happiness |
No: 2125/GP-BTNMT | | Ha Noi, October 24th 2008 |
MINISTER OF NATURAL RESOURCES & ENVIRONMENT
Pursuant to the Mineral Law dated 20 March 1996; Law on Amendment and Supplement to some articles of Mineral Law dated 14 June 2005;
Pursuant to Decree No. 160/2005/ND-CP dated 27 December 2005 by the Government providing detailed guidelines for the implementation of Mineral Law and Law on Amendment and Supplement to some articles of Mineral Law;
Pursuant to Decree 25/2008/ND-CP dated 04 March 2008 by the Government stipulating functions, responsibility, power and structure of the Ministry of Natural Resources and Environment;
Pursuant to the Resolution 59/2007/NQ-CP dated 30 November 2007 of the Government regarding a number of measures to deal with investment hassles in construction and administration reformation for enterprises;
Pursuant to the Prime Minister’s opinions stated in the Official letter No. 4759/VPCP-CN dated 24 August 2007 issued by the Government office regarding minerals exploration and mining;
Pursuant to the Decision 11/2008/QD-BTC dated 05 June 2008 by the Ministry of Trade and Industry approving the planning for exploration, mining, processing and using gold ore, bronze, nikel, molybdenum in Vietnam to the year 2015; including year 2025;
Pursuant to the Investment Licence No. 140/GP dated 05 March 1991 by the National Committee of Cooperation and Investment, now known as the Ministry of Planning and Investment approving the establishment of Bong Mieu Gold Mining Company;
In consideration of the recommendation by the Quang Nam People’s Committee in the Official letter No. 2801/UBND-KTN dated 19 October 2005 and Official letter No. 641/UBND-KTN dated 04 March 2008 regarding gold exploration in Bong Mieu, Quang Nam;
After perusing the exploration licence application submitted by the Bogomin on 10 June 2008, the supplemented document on 10 October 2008 and the evaluation report by the Committee for Mineral Activity Project and Report Assessment of the Ministry of Natural Resources and Environment in the meeting dated 12 June 2008 regarding the gold exploration program in Bong Mieu area, Tam Lanh communes, Phu Ninh district, Tra Kot, Northern Tra My, Quang Nam province;
At the resquest of the Director General of the Department of Geology and Minerals of Vietnam.
DECIDES
Article 1:To permit the Bogomin to do exploration for primary gold in Bong Mieu area, Tam Lanh, Phu Ninh district, Tra Kot, Northern Tra My, Quang Nam province;
1. | | Exploration area: 26.259 km2 (twenty six and two hundred fifty nine thousandths sq.km) specified on the 1/50000 scale topographic map No D-49-13-B (VN2000 system) or 6639 I sheet (UTM system) as specified by controlling points numbered from 1 to 6 shown on the exploration area map and Appendix 1 annexed hereto, excluding the two sub-areas of 3.2 km2 specified by points numbered from 7 to 10 and from 11 to 14 which are of the Mining Licence No 582/CNNg-KMT dated 22 July 1992 granted by the Ministry of Heavy Industry approving the mining activities; |
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2. | | Volume of key exploration work: indicated in Appendix 2 attached hereto; |
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3. | | Exploration term: 24 (twenty four) months from the signing date of this licence; |
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4. | | Exploration expenditure: self-funded by the Company (applying currently relevant unit prices); |
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5. | | Escrow registered at the State Treasury or banks (either the Vietnamese State Bank or a foreign bank permitted to operate in Vietnam): US$227,439.5 (Two hundred twenty seven, four hundred thirty nine US dollars and five cents). |
Article 2:Bogomin shall be responsible for:
1. | | Carrying out exploration for primary gold as stipulated in Article 1 of this licence and exploration methods and programs approved by this license; executing the exploration work in accordance with technical procedures; inspecting and undertaking responsibility for quantity, quality and accuracy of reports on project implementation; filing original documents and relevant field documents and protecting samples and drill cores as required by relevant regulations; sufficiently carry out data reports, ensuring labor safety and environment protection. |
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2. | | Registering the escrow in accordance with the Law and as stipulated in Article 1 of this licence; submitting to the Department of Geology and Minerals of Viet Nam (DGMV) the confirmation letter of the State Treasury or the bank where the escrow is registered so that DGMV can control, inspect and decide whether to return or transfer the escrow to the State Budget as stipulated by the law; |
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3. | | Analyzing samples, determining quality, reserves of gold ore and useful affiliated minerals. Prior to conducting metallurgical sampling, the sample weight, location, sampling schedule and methods should be registered with the Quang Nam Department of Natural Resources and Environment for site inspection and supervision. |
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4. | | Timely reporting in writing to the Ministry of Natural Resources and Environment for appropriate consideration if any other kind of mineral is discovered during exploration; |
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5. | | Protecting mineral resource; all mining activities are strictly prohibited.
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6. | | Submitting the exploration reports for evaluation and approval by the Committee of Mineral Reserve Assessment; submitting reports to the Geological Archive and mineral samples to the Geological Museum as stipulated by current regulations. |
Article 3:The approved exploration programs by the BOGOMIN can only commence after the exploration programs have been informed to the Quang Nam Department of Mineral Resources and Environment, the Higher Command of the Fifth Military Zone and local authorities for their co-ordinating in management, inspection and location of the exploration area, coordinates and landmarks.
In case the BOGOMIN violates the regulations of the Mineral Law and Law on Amendment and Supplement to some articles of the Mineral Law and other related legal documents, or fails to fulfill its obligations stated herein, this licence shall be revoked as regulated by the Mineral Law and the BOGOMIN shall undertake all legal liabilities for related issues.
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Distribution: | | For the Minister |
• Ministry of Trade | | Vice Minister |
• QNPC | | |
• Office of the Committee of Mineral Reserve | | |
Assessment | | (signed and sealed) |
• The Higher Command of the Fifth Military Zone | | |
• Central Vietnam Mineral Branch | | |
• BOGOMIN (02) | | |
• File (14) | | Nguyen Xuan Cuong |
The exploration licence is registered
at the Department of Geology and Minerals of Vietnam
Registration no. 106DK/TD
Hanoi, 15 December 2008
For and on be half of theDirector General
Deputy Director General
(signed and sealed)
Trinh Xuan Ben
MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
APPENDIX 1
TABLE OF COORDINATES OF GOLD EXPLORATION AREA AT BONG MIEU, TAM LANH
COMMUNE, PHU NINH DISTRICT AND TRA KOT COMMUNE, NORTHERN TRA MY DISTRICT,
QUANG NAM PROVINCE.,
(Attached to Exploration Licence no. 2125/GP-BTNMT dated 24 October 2008 by Ministry of Natural Resources
and Environment)
1. Coordinates of exploration area:
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| | VN-2000 system | | |
| | (Central meridian 111o, 6 degree | | |
| | projection zone) | | UTM system |
Points | | X(m) | | Y(m) | | X(m) | | Y(m) |
1. | | 1707 101 | | 220 304 | | 1706 650 | | 221 000 |
2. | | 1707 046 | | 223 901 | | 1706 595 | | 224 597 |
3. | | 1705 801 | | 225 085 | | 1705 350 | | 225 781 |
4. | | 1705 801 | | 226 661 | | 1705 350 | | 227 357 |
5. | | 1702 001 | | 226 604 | | 1701 550 | | 227 300 |
6. | | 1702 026 | | 220 254 | | 1701 575 | | 220 950 |
2. Coordinates of the areas of Mining Licence no. 582/CNNg-KTM granted by Ministry of Heavy Industry on 22 July 1992:
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| | VN-2000 system | | |
| | (Central meridian 105o, 6 degree | | |
| | projection zone) | | UTM system |
Points | | X(m) | | Y(m) | | X(m) | | Y(m) |
7. | | 1705 081 | | 220 754 | | 1704 630 | | 221 450 |
8. | | 1705 081 | | 222 624 | | 1704 630 | | 223 320 |
9. | | 1703 716 | | 222 624 | | 1703 265 | | 223 320 |
10. | | 1703 716 | | 221 304 | | 1703 265 | | 222 000 |
11. | | 1704 046 | | 223 304 | | 1703 595 | | 224 000 |
12. | | 1704 051 | | 225 304 | | 1703 600 | | 226 000 |
13. | | 1703 551 | | 225 304 | | 1703 100 | | 226 000 |
14. | | 1703 571 | | 223 304 | | 1703 120 | | 224 000 |
MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
APPENDIX 2
TABLE OF WORK VOLUME OF PRIMARY GOLD EXPLORATION AT BONG MIEU, TAM LANH
COMMUNE, PHU NINH DISTRICT AND TRA KOT COMMUNE, NORTHERN TRA MY DISTRICT,
QUANG NAM PROVINCE,
(Attached to Exploration Licence no. 2125/GP-BTNMT dated 24 October 2008 by Ministry of Natural Resources
and Environment)
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| | | | | | Work Volume | | |
No. | | Items | | Unit | | The 1st year | | The 2nd year | | Total |
1. | | 1/2000 scale geological maping | | km2 | | | 6,2 | | | | 0 | | | | 6,2 | |
2. | | Geophysical survey | | Km2 | | | | | | | | | | | | |
| | - Equipment mobilization | | estimated | | | 1 | | | | 0 | | | | 1 | |
| | - Line cutting and gridding for IP surveying | | km | | | 90 | | | | 0 | | | | 90 | |
| | - Electrode pitting | | m | | | 840 | | | | 0 | | | | 840 | |
| | - IP surveying | | point | | | 720 | | | | 0 | | | | 720 | |
3. | | Topographic survey | | | | | | | | | | | | | | |
| | - 1:1000 scale mapping | | sample | | | 0 | | | | 4 | | | | 4 | |
| | - Collar surveying | | lot | | | 110 | | | | 120 | | | | 230 | |
| | - Baseline survey | | km | | | 8 | | | | 0 | | | | 8 | |
| | - Profiling | | km | | | 82 | | | | 0 | | | | 82 | |
4. | | Trenching | | m2 | | | 900 | | | | 500 | | | | 1400 | |
5. | | Geochemical prospecting, sampling | | | | | | | | | | | | | | |
| | - Drill sample | | sample | | | 2500 | | | | 3700 | | | | 6200 | |
| | - Soil sample | | sample | | | 500 | | | | 500 | | | | 1000 | |
| | - Rock and ore sample | | sample | | | 1200 | | | | 600 | | | | 1800 | |
6. | | Sample preparation | | | | | | | | | | | | | | |
| | - soil sample | | sample | | | 500 | | | | 500 | | | | 1000 | |
| | - drill sample | | sample | | | 2500 | | | | 3700 | | | | 6200 | |
| | - rock and ore sample | | sample | | | 1200 | | | | 600 | | | | 1800 | |
7. | | Sample analysis | | | | | | | | | | | | | | |
| | - Thin section | | sample | | | 130 | | | | 90 | | | | 220 | |
| | - Soil sample | | sample | | | 500 | | | | 500 | | | | 1000 | |
| | - Drill, rock, ore sample | | sample | | | 3700 | | | | 4300 | | | | 8000 | |
| | - Metallurgical sample | | sample | | | 0 | | | | 6 | | | | 6 | |
8. | | -Engineering — hydro-geological mapping | | | | | | | | | | | | | | |
| | - 1:5000 scale mapping | | km2 | | | 0 | | | | 10 | | | | 10 | |
| | - Pumping test | | | | | 0 | | | | 6 | | | | 6 | |
9 | | Exploration drilling | | m | | | 6000 | | | | 9350 | | | | 15350 | |
| | - Contingency | | m | | | | | | | | | | | 5000 | |
| | Reporting | | estimated | | | 1 | | | | 1 | | | | 2 | |