Circular No. 03/2007/TT-BCN guiding the preparation, examination, and approval of investment projects for construction of solid mineral mine works

CIRCULAR

Guidelines for the preparation, review, and approval of investment projects for the construction of solid mineral mines

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Pursuant to Decree No. 55/2003/NĐ-CP dated May 28, 2003 of the Government on the functions, tasks, and organizational structure of the Ministry of Industry;

Pursuant to Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on the management of investment construction projects (Decree No. 16/2005/NĐ-CP); and Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government amending and supplementing certain articles of Decree No. 16/2005/NĐ-CP dated February 7, 2005 on the management of investment construction projects (Decree No. 16/2005/NĐ-CP);

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

The Ministry of Industry issues guidelines for the preparation, review, and approval of investment projects for the construction of solid mineral mines (mining construction projects) as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Scope and Objectives

These guidelines guide the preparation, review, and approval of mining construction projects for all economic sectors using all sources of capital.

These guidelines apply to organizations and individuals engaged in the exploitation, processing, and consulting design of solid mineral mines, as well as organizations and individuals reviewing and approving investment construction projects for mining.

2. Conditions for preparing investment construction projects for mining

The following mining projects shall prepare investment construction projects:

a) National key mining projects approved by the National Assembly for investment principles or mining projects permitted for investment by the Prime Minister.

b) Mining projects included in the Investment List of the Sector Plan already approved by the competent authority.

c) Group A mining projects not included in the Sector Plan or where the Sector Plan has not been established or approved but have a document from the competent authority agreeing to include them in the Plan or permitting investment.

II. SPECIFIC PROVISIONS

1. Preparation of investment construction projects for mining

The content of investment construction projects for mining, as stipulated in Article 5 of Decree No. 16/2005/NĐ-CP, includes Project Description and Basic Design.

a) Content of Project Description

The content of the Project Description for mining construction projects exploiting露天开采矿山或井下矿山的项目，应按照第16/2005/NĐ-CP号议定书第六条的规定和本通知附件1和附件2的详细规定执行。

b) Content of Basic Design

Basic Design includes the Design Description and accompanying drawings that reflect design options, serving as the basis for determining the total investment amount, calculating economic efficiency, selecting investment options, and implementing subsequent design steps.

The content of Basic Design for investment construction projects for mining shall be carried out according to Clause 3 of Article 1 of Decree No. 112/2006/NĐ-CP and detailed guidance provided in Appendix 3 and Appendix 4 attached to this Circular.

2. Review Process

Step 1. Review of Basic Design.

Step 2. Review of investment construction projects for mining and approval of investment projects.

3. Reviewing Authority, Documents, and Review Time

a) Reviewing Authority for Investment Construction Projects for Mining

The authority responsible for reviewing investment construction projects for mining is specified in Clause 1 of Decree No. 112/2006/NĐ-CP, specifically as follows:

- The State Council for the Review of Investment Projects organizes the review of investment construction projects for mining decided by the Prime Minister and other projects as required by the Prime Minister.

- The Ministry of Industry and People's Committees of provinces and centrally-administered cities organize the review of mining projects they decide to invest in.

- For other projects, the person with the authority to decide on investment organizes the review themselves.

b) Reviewing Authority for Basic Design

- The Ministry of Industry organizes the review of Basic Design for national key mining projects, group A mining projects excluding state-owned enterprises, and group B and C mining projects decided by the Ministry of Industry. The Department of Energy and Oil and Gas is responsible for reviewing Basic Design for coal mining projects; the Department of Machinery, Metallurgy, and Chemicals is responsible for reviewing Basic Design for non-coal mineral mining projects.

- Provincial Industry Departments organize the review of Basic Design for group B and C mining projects constructed locally (excluding group B and C mining projects decided by state-owned economic groups and specialized state-owned corporations in the mineral sector).

- Economic Groups and State-Owned Corporations in the mineral sector organize the review of Basic Design for group B and C mining projects they decide to invest in, after obtaining opinions from local authorities regarding construction planning and environmental protection.

c) Documents for Requesting Approval of Investment Construction Projects for Mining

- Proposal for project approval according to Model Appendix 2 issued along with Decree No. 16/2005/NĐ-CP;

- Project documents including the Project Description for investment construction projects for mining and Basic Design;

- Review document of Basic Design from the competent authority;

- Permit document for national key projects; approval document for adding to the plan from the competent authority for group A projects not included in the sector plan; permit document for investment from the competent authority for group A projects where the sector plan has not been approved or established;

- Planning construction document from the competent state authority;

- Environmental protection document from the competent state authority;

- Other relevant legal documents related to the project, investor, enterprise, organization, or individual providing consulting and design services;

- Number of documents: at least nine sets.

d) Documents for Requesting Review of Basic Design

- Proposal for review of Basic Design (according to Model 1 and 2 attached to this Circular);

- Legal documents of the enterprise as the investor and the enterprise or individual providing consulting services (Business Registration Certificate, Business License, Confirmation of Eligibility for Business, Professional Certificate).

- A copy of the Investment License or Investment Registration (if applicable);

- Copies of relevant state management agency documents, permits related to exploration and mining activities, and documents approving geological, topographical, and mineral reserve materials used for design purposes;

- The decision of the competent authority approving the application of foreign standards in cases where the Design is based on foreign standards (implemented according to the Regulation on the Application of Foreign Construction Standards in Construction Activities in Vietnam issued together with Decision No. 09/2005/QD-BXD dated April 7, 2005 of the Minister of Construction);

- The project investment dossier for mine construction projects (complete set, at least three sets);

d) Appraisal organization

The appraisal agency for mine construction projects prepares necessary documents and other required tasks for the appraisal process, receives the dossier, conducts the appraisal, and drafts the Investment Decision for submission to the competent authority for approval;

The appraisal agency for the Basic Design prepares necessary documents and other required tasks for the appraisal process, receives the dossier, conducts the appraisal, and prepares the document for submission to the competent authority for signature of the Appraisal Document to be sent to the Investor and the Investment Decision Authority (the Appraisal Result Document according to Model No. 3 and Model No. 4 issued together with this Circular);

e) Appraisal time

The appraisal time for the Project shall not exceed forty working days for Class A projects, fifteen working days for Class B projects, and ten working days for Class C projects from the date of receipt of complete and valid dossiers;

The appraisal time for the Basic Design shall not exceed thirty working days for national key projects, twenty working days for Class A projects, fifteen working days for Class B projects, and ten working days for Class C projects from the date of receipt of complete and valid dossiers;

4. Content of Appraisal

a) Content of Appraisal for Mine Construction Projects

The necessity and conformity of the project with socio-economic development plans, industry development plans, construction plans, and related technical infrastructure networks; if such plans have not been established, opinions of the relevant state management agencies must be obtained. Market demand satisfaction both domestically and internationally for the project's products. Rationality, feasibility, and practicality of technical solutions. Safety and industrial hygiene solutions.

The completeness and appropriateness of the mine construction project investment plan concerning open-pit or underground mining methods (as specified in Appendix No. 1 and Appendix No. 2 of this Circular).

Conformity with the approved construction project investment report by the Prime Minister for national key construction projects or projects approved by the Prime Minister for investment.

Conformity of the Basic Design with construction planning, construction scale, technology, designed capacity, and grade of the project.

Legal validity and reliability of the documents used in the design.

Compliance of applied standards and economic-technical indicators with project requirements.

Conformity of the Basic Design with the selected architectural scheme through competition, if applicable.

Rationality of the design solutions chosen in the Basic Design.

The appraisal document of the competent authority regarding the Basic Design.

The document of the competent authority regarding environmental protection and ecological restoration.

Appraisal of the content of the investment capital and the socio-economic efficiency of the project, assessment of the level of risk of the project.

Conditions, legal status, and professional capacity of the consulting organization or individual preparing the Project and the Mine Base Design.

b) Contents of the Mine Base Design review

Legal documents of the Project (regarding the legal status of the investor, investment policy, geological mining data, construction site agreements).

The conformity of the Mine Base Design with economic and social development plans, industry development plans, construction plans, land use plans, technical infrastructure network plans, and other related plans.

Connection with external technical infrastructure works outside the mine.

Application of technical standards, regulations, safety norms in mining operations, environmental protection, labor protection, and fire prevention.

Reasonableness of design solutions selected in the Mine Base Design.

Completeness and appropriateness of the contents of the Mine Base Design (as specified in Appendix 3 and Appendix 4 issued together with this Circular).

Conditions, legal status, and professional capacity of the consulting organization or individual preparing the Mine Base Design.

5. Approval of Investment Projects

Contents of the Investment Project approval for construction of mining works shall be carried out according to Appendix 3 promulgated along with Decree No. 16/2005/NĐ-CP, and detailed contents are stipulated in Model Nos. 5 and 6 issued together with this Circular.

III. IMPLEMENTATION

1. Depending on the specific characteristics of each type of solid mineral (coal, metal ores, non-metallic ores, building materials, and raw materials for cement production), based on the guidance content in Appendices 1, 2, 3, and 4 issued together with this Circular, the authorized investment decision-maker has the right to supplement and adjust the contents of the aforementioned appendices and specify the contents of the Technical Design and Construction Drawings of the project accordingly.

2. This Circular takes effect 15 days from the date of publication in the Official Gazette and replaces Circular No. 01/1997/TT-BCN dated December 31, 1997, issued by the Ministry of Industry guiding the contents of feasibility studies, mine designs, and procedures for reviewing and approving mine designs. During implementation, if there are any issues, the implementing agencies, organizations, and individuals shall report in writing to the Ministry of Industry for research, consideration, and resolution./.