Circular No. 02/2024/TT-BTNMT amends and supplements certain articles of Circular No. 01/2016/TT-BTNMT concerning technical regulations on riverbed sand and gravel exploration and earth and stone material for land filling. This document focuses on supplementing requirements to forecast impacts on riverbeds, banks, and beaches, and adjusting the content of documents presented in exploration result reports.
적용 범위
Director of Vietnam Mineral Administration, Director of Vietnam Geological Survey, Heads of units under the Ministry of Natural Resources and Environment, Directors of Provincial and Central City Departments of Natural Resources and Environment, and related organizations and individuals.
핵심 사항
- Riverbed sand and gravel exploration → must forecast impacts on riverbeds, banks, and beaches according to regulations on riverbed sand and gravel management and protection of riverbeds, banks, and beaches (Article 4).
- Documents in exploration result reports on riverbed sand and gravel → must comply with procedures and formalities for approval, review, examination, and approval of mineral reserves according to Circular No. 45/2016/TT-BTNMT (Article 8).
- Vietnam Mineral Administration, Vietnam Geological Survey → have the responsibility to guide and inspect the implementation of this Circular (Point 2 Article 9).
- Organizations and individuals who have been granted permits before the effective date of this Circular → continue to implement according to the laws in effect at the time of permit issuance (Article 2.1).
- Exploration plans for riverbed sand and gravel and earth and stone material for land filling that have been received but not reviewed before the effective date of this Circular → continue to implement according to the laws in effect at the time of receipt (Article 2.2).
🌐 이 문서의 사회적 영향
- Positive impact: Ensuring the accuracy and completeness of exploration reports, providing a basis for authorities to make decisions.
- Negative impact: Increasing costs for organizations and individuals conducting exploration due to additional requirements for forecasting impacts on riverbeds, banks, and beaches.
❓ 자주 묻는 질문
Is it necessary to forecast impacts on riverbeds, banks, and beaches when drafting exploration plans for riverbed sand and gravel?
It is necessary to forecast impacts on riverbeds, banks, and beaches according to the provisions of Article 4.
Are there any changes in the content of documents presented in exploration result reports?
There are changes in the content presentation according to the provisions on procedures and formalities for approval, review, examination, and approval of mineral reserves (Article 8).
Which organizations are responsible for guiding and inspecting the implementation of this Circular?
Vietnam Mineral Administration and Vietnam Geological Survey are responsible for guiding and inspecting (Point 2 Article 9).
What regulations must organizations that have been granted permits before the effective date of this Circular follow?
Continue to implement according to the laws in effect at the time of permit issuance (Article 2.1).
How will exploration plans that have been received but not reviewed before the effective date of this Circular be handled?
Continue to implement according to the laws in effect at the time of receipt (Article 2.2).
전문
CIRCULAR
Amending and supplementing certain articles of Circular No. 01/2016/TT-BTNMT dated January 13, 2016, issued by the Minister of Natural Resources and Environment on technical regulations for riverbed sand and gravel exploration and soil, rock material for land filling
Pursuant to the Law on Minerals dated November 17, 2010;
Pursuant to Decree No. 158/2016/NĐ-CP dated November 29, 2016 of the Government detailing implementation of certain provisions of the Minerals Law;
Pursuant to Decree No. 68/2022/NĐ-CP dated September 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;
At the proposal of the Director of the Vietnam Geological Survey;
The Minister of Natural Resources and Environment issues this Circular to amend and supplement certain articles of Circular No. 01/2016/TT-BTNMT dated January 13, 2016, issued by the Minister of Natural Resources and Environment on technical regulations for riverbed sand and gravel exploration and soil, rock material for land filling.
Article 1. Amending and supplementing certain articles of Circular No. 01/2016/TT-BTNMT dated January 13, 2016, issued by the Minister of Natural Resources and Environment on technical regulations for riverbed sand and gravel exploration and soil, rock material for land filling.
1. Supplement Clause 8 to Article 4 as follows:
"8. Forecasting impacts on riverbeds, banks, and beaches:
a) The sand and gravel exploration plan shall include requirements stipulated in Clauses 1 through 7 of this Article and contents of work to assess and forecast impacts on riverbeds, banks, and beaches according to regulations on managing riverbed sand and gravel and protecting riverbeds, banks, and beaches, including:
- Establishing monitoring stations or collecting data on hydrodynamic conditions and sedimentation rates in typical seasonal water regimes;
- Surveying current conditions or collecting data on geological hazards, including erosion, subsidence, erosion, and bank collapse.
b) Establishing calculation models to simulate hydrodynamic processes (water levels, flow rates), sediment transport, and morphological changes (erosion, deposition) and the spread of suspended materials caused by extraction activities to determine expected sediment deposition volumes and reasonable extraction capacity, distance, and depth."
2. Amend and supplement Article 8 as follows:
"The content and format of documents in the report on the results of sand and gravel exploration and soil, rock material for land filling shall be implemented according to the provisions on procedures and formalities for approval, review, examination, and approval of mineral reserves in the report on the results of mineral exploration promulgated together with Circular No. 45/2016/TT-BTNMT dated December 26, 2016, issued by the Minister of Natural Resources and Environment on mineral exploration plans, mine closure plans, and sample activity reports; sample documents in the mining permit dossier, reserve approval dossier; procedures and formalities for mine closure."
3. Amend and supplement Article 9 as follows:
"1. The Director of the Vietnam Minerals Administration, the Director of the Vietnam Geological Administration, heads of units under the Ministry of Natural Resources and Environment, Directors of Provincial Departments of Natural Resources and Environment, and related organizations and individuals are responsible for implementing this Circular.
2. The Vietnam Minerals Administration and the Vietnam Geological Administration are responsible for guiding and supervising the implementation of this Circular.
3. In cases where referenced documents in this Circular are amended, supplemented, or replaced, the new provisions shall apply."
Article 2. Transitional Provisions
1. Organizations and individuals who have been granted permits for sand and gravel exploration and soil, rock material for land filling by competent state authorities before the effective date of this Circular shall continue to implement according to the laws in effect at the time of permit issuance.
2. Sand and gravel exploration and soil, rock material for land filling plans that have been accepted by competent state authorities before the effective date of this Circular but have not yet been reviewed or granted exploration permits shall continue to be implemented according to the laws in effect at the time of acceptance.
Article 3. Implementation Provisions
1. This Circular shall take effect from June 6, 2024.
2. The Minister, Heads of ministries equivalent to ministries, agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Circular./.
DEPUTY MINISTER
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