Circular No. 01/2006/TT-BTNMT guiding the implementation of certain contents of Decree No. 160/2005/NĐ-CP dated December 27, 2005 of the Government detailing and guiding the implementation of the Minerals Law and the Law Amending and Supplementing Certain Provisions of the Minerals Law.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 160/2005/NĐ-CP dated December 27, 2005 of the Government detailing and guiding the implementation of the Minerals Law and the Law Amending and Supplementing Certain Articles of the Minerals Law

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Pursuant to Decree No. 91/2002/NĐ-CP dated November 11  November 2002 of the Government stipulating the functions, tasks, powers, and organizational structure  organization  of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 160/2005/NĐ-CP dated December 27, 2005 of the Government detailing and guiding the implementation of the Minerals Law and the Law Amending and Supplementing Certain Articles of the Minerals Law;

The Ministry of Natural Resources and Environment issues guidelines for implementing certain provisions of Decree No. 160/2005/NĐ-CP dated December 27, 2005 of the Government detailing and guiding the implementation of the Minerals Law and the Law Amending and Supplementing Certain Articles of the Minerals Law as follows:

I. PREPARATION AND REVIEW OF MINERAL SURVEY AND EXPLORATION PROJECTS

1. Preparation of Mineral Survey and Exploration Projects

The preparation of mineral survey and exploration projects as stipulated in Article 38 of Decree No. 160/2005/NĐ-CP dated December 27, 2005 of the Government detailing and guiding the implementation of the Minerals Law and the Law Amending and Supplementing Certain Articles of the Minerals Law shall be carried out according to the following contents:

1.1. The mineral survey and exploration project includes a description and appendices, accompanied by illustrative drawings.

The content of the project description includes:

a) A request for issuance of the Maritime Radio Operator Certificate for students in accordance with the modela) Geographic location, coordinates, area, and objectives of the project;

b) Geological characteristics, minerals; basis for determining the mineral object;

c) Objectives, tasks, and expected results;

d) Technical methods; volume of works; quantity of various types of samples needed and analysis; Implementation sequence; 

d) Estimated mineral reserves (for exploration projects);

e) Construction organization;

g) Environmental protection measures and occupational safety;

f) Project budget estimate. 

1.2. Detailed contents of the chapters and sections of the mineral survey and exploration project are prepared according to Model No. 1.

 2. Review of Mineral Survey and Exploration Projects

The review of mineral survey and exploration projects as stipulated in Article 38 of Decree No. 160/2005/NĐ-CP dated December 27, 2005 of the Government detailing and guiding the implementation of the Minerals Law and the Law Amending and Supplementing Certain Articles of the Minerals Law, includesthe following contents: 2.1. Specific verification of the location, boundaries, and area of the project;

2.2. Evaluation of geological basis, objectives, mineral objects, and expected results;

2.3. Review of the suitability of the combination of technical methods, volumes of different types of works, and the estimated number of various types of samples needed and analysis;

2.4. For exploration projects, the suitability of the exploration method and the feasibility of the estimated reserve target must be considered;

2.5. Assessment of environmental impact, occupational safety, and handling measures;

2.6. Consideration of the rationality and feasibility of construction organization, time, and progress of implementation.

FORMS FOR APPLICATIONS, LICENSES FOR MINERAL ACTIVITIES, MAPS FOR APPLICATIONS FOR LICENSES FOR MINERAL ACTIVITIES, AND REPORTS ON MINERAL ACTIVITIES

II. Forms for applications, licenses for mineral activities, and maps for applications for licenses for mineral activities

1.  Applications, maps of areas for applying for mineral activity licenses

Applications and maps of areas for applying for mineral activity licenses as stipulated in Articles from Article 59 to Article 62 of of Decree No. 160/2005/NĐ-CP dated December 27, 2005 of the Government detailing and guiding the implementation of the Minerals Law and the Law Amending and Supplementing Certain Articles of the Minerals Law are prepared according to the following models:

1.1. Form for Application for Mineral Activity License

a) Applications for issuance, extension, reissuance, return of mineral survey and exploration licenses, and return of part of the exploration area are prepared according to Models No. 02 to No. 04; applications for transfer and continuation of exploration rights are prepared according to Models No. 05 and No. 06.

b) Applications for issuance, extension, and return of mineral exploitation licenses, and return of part of the exploitation area are prepared according to Models No. 07 to No. 09; applications for transfer and continuation of exploitation rights are prepared according to Models No. 10 and No. 11.

c) Applications for issuance, extension, and return of mineral processing licenses are prepared according to Models No. 12 and No. 13; applications for transfer and continuation of processing rights are prepared according to Models No. 14 and No. 15.

1.2. Form for Map of Area Applying for Mineral Activity License

Areas applying for mineral survey, exploration, and exploitation licenses are delineated on topographic maps with a coordinate system of VN2000, with a scale not less than 1:100,000 for survey areas; 1:10,000 for exploration areas; and 1:5,000 for exploitation areas. Maps of areas applying for mineral survey, exploration, and exploitation licenses are prepared according to Model No. 16.

2. Form for Mineral Activity License

2.1. Mineral survey licenses, exploration licenses, exploitation licenses, and mineral processing licenses are prepared according to Model No. 17, Model No. 19, and Model No. 21.

2.2. Reissuance, extension of mineral survey licenses, exploration licenses, exploitation licenses, and mineral processing licenses; permission to transfer exploration, exploitation, and processing rights; permission to continue exercising exploration, exploitation, and processing rights in cases of inheritance are reflected in new licenses, with content consistent with previously issued licenses and relevant laws on minerals (based on the license model in Clause 2.1 of this Section).

 2.3. Permission to return mineral survey licenses, exploration licenses, exploitation licenses, and mineral processing licenses; return of part of the exploration and exploitation areas is reflected in decisions prepared according to Model No. 18, Model No. 20, and Model No. 22.

3. Form for Report on Mineral Activities

Reports on mineral activities as stipulated in Article 42 of of Decree No. 160/2005/NĐ-CP dated December 27, 2005 of the Government detailing and guiding the implementation of the Minerals Law and the Law Amending and Supplementing Certain Articles of the Minerals Law are prepared according to the following models:

3.1. Reports on mineral survey and exploration activities are prepared according to Model No. 23;

3.2. Reports on mineral exploitation activities are prepared according to prepared according to

Model No. 24; prepared according to 3.3. Reports on mineral processing activities are

3.4. Report on mineral activities within the province or centrally governed city. amended and supplemented by Law No. 87/2025/QH15; prepared according to Model number 26.

III. IMPLEMENTATION ORGANIZATION -

This Circular shall take effect fifteen days after its publication in the Official Gazette.

The provisions regarding procedures for submitting for review and approval of plans and reports in mineral activities and preparing exploration plans for minerals as stipulated in Circular No. 10/TT-ĐCKS dated September 13, 1997 of the Ministry of Industry; the provisions on the procedures for issuing permits for mineral activities as set forth in Decision No. 06/2003/QĐ-BTNMT dated September 19, 2003 and the provisions on reporting in mineral activities as set forth in Decision No. 23/2004/QĐ-BTNMT dated October 28, 2004 of the Minister of Natural Resources and Environment shall cease to be effective from the date this Circular takes effect.

 Any difficulties arising from legal regulations during implementation should be promptly reported to the Ministry of Natural Resources and Environment for further handling./.