Circular No. 16/2012/TT-BTNMT stipulates on the mineral exploration plan, closure of mineral mines, and sample reports on the results of mineral activities, sample documents in the permit issuance dossier for mineral activities, the reserve approval dossier, and the mine closure dossier.

CIRCULAR

Regulations on mineral exploration plans, closure of mineral mines, and sample reports on the results of mineral activities, sample documents in the permit application dossier for mineral activities, the reserve approval dossier, and the mine closure dossier.

report on the results of mineral activities, sample document in the licensing file

mineral activity, file approving mineral reserves,

file for closing a mineral mine

Pursuant to Clause 2, Article 39 and Clause 2, Article 75 of the Law on Minerals No. 60/2010/QH12 dated November 17, 2010;

Pursuant to Clause 4, Article 7 and Clause 2, Article 34 of the Government Decree No. 15/2012/NĐ-CP dated March 9, 2012 detailing certain provisions of the Law on Minerals;

Pursuant to the Government Decree No. 25/2008/NĐ-CP dated March 4, 2008 on the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment, which has been amended and supplemented by the Government Decrees No. 19/2010/NĐ-CP dated March 8, 2010 and No. 89/2010/NĐ-CP dated August 16, 2010;

Considering the proposal of the Director General of the Vietnam Geological Survey and the Head of the Legal Department;

The Ministry of Natural Resources and Environment issues this Circular regulating mineral exploration plans, closure of mineral mines, and sample reports and documents in the permit application dossier for mineral activities, the reserve approval dossier, and the mine closure dossier.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details the procedures for reviewing mineral exploration plans; reviewing and approving mine closure plans, inspecting the implementation of mine closure plans, and sample reports and documents in the permit application dossier for mineral activities, the reserve approval dossier, and the mine closure dossier.

Article 2. Applicability

The objects subject to this Circular include:

1. State management bodies for minerals; state management bodies for mineral extraction and processing industries.

2. Organizations performing basic geological surveys on minerals.

3. Organizations and individuals engaged in mineral exploration, mining, and mine closure; organizations and individuals practicing mineral exploration.

Chapter II
MINERAL EXPLORATION PLAN

Article 3. Content of the mineral exploration plan

The preparation of a mineral exploration plan must be based on survey materials and geological data from previous stages to serve as the basis for selecting the area and target minerals for exploration.

A mineral exploration plan includes a description, appendices, and technical drawings.

The structure and contents of chapters and sections of the mineral exploration plan shall be established according to Model No. 01 attached to this Circular.

Article 4. Content and procedure for reviewing mineral exploration plans

1. Content of the review of mineral exploration plans:

a) Location, coordinates, boundaries, and area of the exploration zone,

b) Basis for choosing the area and target minerals for exploration using existing geological and mineral data;

c) Basis for classifying mine groups according to complexity levels, selection of exploration network for reserve estimation, combination of technical methods, volume of various types of works; types of samples analyzed: sampling method, processing, analysis, number of samples, proposed analysis location; method of checking the quality of basic sample analysis;

d) Impact of exploration work on the environment, labor safety, and handling measures; measures to protect unexploited minerals during exploration;

đ) Estimated reserve criteria, basis for reserve calculation methods; estimated reserves and feasibility of reserve targets;

e) Rationality and feasibility regarding construction organization, time, and progress;

g) Accuracy of budget estimates for exploration items in accordance with current regulations.

2. Procedure and process for reviewing mineral exploration plans have been stipulated in Article 36 of the Government Decree No. 15/2012/NĐ-CP dated March 9, 2012 detailing certain provisions of the Law on Minerals.

Chapter III
CLOSURE OF MINERAL MINES

Article 5. Content of the Mine Closure Project Proposal

1. A mine closure plan includes a description, appendices, and accompanying drawings.

2. The structure and content of chapters and sections of the mine closure project proposal shall be established according to Model No. 02 attached to this Circular.

Article 6. Time and Procedure for Reviewing and Approving Mine Closure Plans

1. The time for reviewing and approving mine closure plans shall not exceed sixty (60) working days from the date of receiving complete valid files.

2. Receiving mine closure files:

a) Organizations and individuals proposing to close mines submit the application file for approval of the mine closure plan to the file receiving agency. The components and quantity of mine closure files shall be implemented according to Article 33 of Decree No. 15/2012/NĐ-CP.

b) Within no more than five (5) working days from the date of receiving the file, the file receiving agency shall check the documents and materials in the file. If the documents and materials in the file comply with the regulations, the file receiving agency shall issue a receipt for the file.

In case the file does not contain all required documents and materials or contains sufficient ones but their contents do not comply with legal provisions, the file receiving agency shall guide organizations and individuals proposing to close mines in writing to supplement and perfect the file.

3. Reviewing the mine closure plan:

a) Within no more than twenty-eight (28) working days from the date of issuing the receipt, the file receiving agency must complete the following tasks: examining the file; organizing on-site inspections; collecting comments and critiques from experts on the mine closure plan.

Within no more than fifteen (15) working days from the date of receiving the request for opinions from the file receiving agency, organizations and individuals sent to provide opinions shall responsibly respond in writing to related issues;

b) Within no more than five (5) working days from the date of receiving the comments and critiques from experts, the file receiving agency shall compile the opinions and prepare a report to the Minister of Natural Resources and Environment or the People's Committee of the province;

c) Within no more than ten (10) working days from the date of issuing the decision to establish the review board for the mine closure plan, the Chairman of the Board must convene a meeting of the Board;

d) Within no more than three (3) working days from the end of the review board meeting, the file receiving agency shall complete the minutes of the review board meeting. In cases where the plan needs to be supplemented, revised, or redone, the file receiving agency shall send a notification letter specifying the reasons for not approving the plan or the contents that need to be supplemented and perfected, accompanied by a copy of the review board meeting minutes.

The time taken by organizations and individuals proposing to close mines to supplement, perfect, or redo the plan shall not be included in the review period;

đ) The content of reviewing the mine closure plan shall be carried out according to the provisions of Clause 2, Article 26 of Decree No. 15/2012/NĐ-CP.

4. Approving the mine closure plan:

a) In case the mine closure plan is approved, within no more than five (5) working days from the date of completing the minutes of the review board meeting, the file receiving agency shall complete and submit the approval file for the mine closure plan to the competent authority for approval of the mine closure plan;

b) Within no more than seven (7) working days from the date of receiving the file from the file receiving agency, the competent authority for approving the mine closure plan shall decide to approve the mine closure plan;

c) Within no more than two (2) working days from the date of receiving the decision to approve the mine closure plan, the file receiving agency shall notify the organization or individual proposing to close the mine to receive the result and fulfill related obligations as prescribed.

Article 7. Inspection of the results of implementing the mine closure project and decision to close the mine

1. Inspection of the results of implementing the mine closure project:

a) Organizations and individuals proposing to close a mineral mine, upon completion of the mine closure works and volumes as approved by the competent state agency, shall submit a report on the implementation of the project to the agency receiving the mine closure dossier.

b) Within no more than 10 (ten) working days from the date of receipt of the report on the implementation of the mine closure project from organizations and individuals, the agency receiving the mine closure dossier shall take the lead and coordinate with relevant agencies to conduct on-site inspections and inspect the results of implementing the mine closure project.

The results of the on-site inspection and inspection shall be documented in writing.

2. Decision to close the mine:

a) Within no more than 05 (five) working days from the end of the inspection of the results of implementing the mine closure project, the agency receiving the dossier shall complete the dossier for submission to the competent authority issuing mining operation permits for approval of the mine closure project. The dossier for approval of the mine closure project includes:

- Application for closure of the mineral mine by the organization or individual permitted to extract minerals, accompanied by a copy of the Mining Extraction Permit;

- Mine closure project, along with the Decision approving it by the competent state agency: report on the implementation of the mine closure project by the organization or individual proposing to close the mineral mine;

- On-site inspection record and results of inspecting the mine closure project by the agency receiving the dossier;

- Draft decision to close the mineral mine.

b) Within no more than 07 (seven) working days from the date of receipt of the dossier from the agency receiving it, the competent authority shall issue the decision to close the mineral mine;

c) Within no more than 02 (two) working days from the date of receipt of the decision to close the mineral mine from the competent authority, the agency receiving the dossier shall notify the organization or individual proposing to close the mineral mine to receive the result and fulfill related obligations as prescribed.

Chapter IV
SAMPLE APPLICATIONS, DRAWINGS, PERMITS, DECISIONS AND REPORTS IN MINERAL ACTIVITIES

Article 8. Model application for issuance of a mining operation permit

1. Applications for issuance, extension, return of exploration permit, return of exploration permit or return of part of the area of the exploration zone are established according to Models 03 to 05 attached to this Circular; applications for transfer of exploration rights are established according to Model 06 attached to this Circular.

2. Applications for issuance, extension, return of mining extraction permit or return of part of the area of the mining extraction zone are established according to Models 07 to 09 attached to this Circular; applications for transfer of mining extraction rights are established according to Model 10 attached to this Circular.

3. Applications for issuance, extension, return of mining extraction permit for residual minerals are established according to Models 11, 12 and 13 attached to this Circular.

Article 9. Model application for approval of mineral reserves and closure plan of mineral mines.

Clause 1. The application for approval of mineral reserves shall be prepared according to Model No. 14 of the Appendix issued together with this Circular.

Clause 2. The application for closure of a mineral mine or partial closure of the mining area shall be prepared according to Model No. 15 of the Appendix issued together with this Circular.

Article 10. Model drawings in the permit issuance dossier for mineral activities, closure of mineral mines; current status map of the mining area.

Clause 1. The map of the permitted exploration, exploitation, and closure areas of mineral mines shall be prepared according to the appendix of the Mineral Exploration Permit, Mineral Exploitation Permit, and Decision on Closure of Mineral Mines issued together with this Circular.

The scale of the map of the permitted mineral activity and mine closure areas shall be implemented as follows:

Point a) For areas with an area of ≥ 10 km², the proposed permit area map shall be prepared based on a plot from a topographic map with the VN-2000 coordinate system, with a scale not less than 1:50,000.

Point b) For areas with an area of 5 -< 10 km², the proposed permit area map shall be prepared based on a plot from a topographic map with the VN-2000 coordinate system, with a scale not less than 1:25,000.

Point c) For areas with an area of 1 -< 5 km², the proposed permit area map shall be prepared based on a plot from a topographic map with the VN-2000 coordinate system, with a scale not less than 1:10,000.

Point d) For areas with an area of < 1 km², the proposed permit area map shall be prepared based on a plot from a topographic map with the VN-2000 coordinate system, with a scale not less than 1:5,000.

Clause 2. The current status map of the mining area shall be prepared according to Model No. 16 of the Appendix issued together with this Circular.

The current status map of the mining area must be updated regularly during the exploitation process, prepared based on a plot from a topographic map with the VN-2000 coordinate system, with a scale not less than 1:5,000, detailing all mining works within the permitted mining area boundaries.

Clause 3. Provisions regarding meridian and projection of drawings in the permit issuance dossier for mineral activities, mine closure; current status map of the mining area are as follows:

Point a) For dossiers under the permit issuance authority of the Ministry of Natural Resources and Environment, the drawings in the permit issuance dossier for mineral activities, mine closure; current status map of the mining area shall be prepared according to the VN-2000 coordinate system, central meridian, and 6-degree zone projection.

Point b) For dossiers under the permit issuance authority of the Provincial People's Committee, the drawings in the permit issuance dossier for mineral activities, mine closure; current status map of the mining area shall be prepared according to the VN-2000 coordinate system, local meridian and projection.

Article 11. Model permits and decisions in mineral activities.

Clause 1. The Mineral Exploration Permit, Mineral Exploitation Permit, and Mineral Exploitation Exhaust Permit shall be prepared according to Models No. 17 to No. 21 of the Appendix issued together with this Circular.

Clause 2. The decision approving the mineral reserve in the report on the results of mineral exploration shall be prepared according to Model No. 22 of the Appendix issued together with this Circular.

Clause 3. The decision approving the mine closure plan shall be prepared according to Model No. 23 of the Appendix issued together with this Circular.

Clause 4. The decision on mine closure shall be prepared according to Model No. 24 of the Appendix issued together with this Circular.

Clause 5. Extension of the Mineral Exploration Permit, Mineral Exploitation Permit, and Mineral Exploitation Exhaust Permit; transfer of mineral exploration and exploitation rights shall be reflected in a new permit with content consistent with the previously issued permit and relevant laws on minerals.

Clause 6. Permission to return the Mineral Exploration Permit, return part of the exploration area, return the Mineral Exploitation Permit; return part of the exploitation area shall be approved by a decision prepared according to Model No. 25 and Model No. 26 of the Appendix issued together with this Circular.

Article 12. Template for Reporting on Mineral Activities Results

The report on mineral activities results as stipulated in Article 7 of Decree No. 15/2012/NĐ-CP shall be prepared according to Templates No. 27 to No. 35 attached hereto, specifically as follows:

1. The report on mineral exploration activities shall be prepared according to Template No. 27.

2. The report on mineral extraction activities shall be prepared according to Template No. 28.

3. The report on the management of state administration over minerals and mineral activities within the province or centrally governed city shall be prepared according to Templates No. 29, No. 30, and No. 31.

4. The report on the management of state administration over minerals and mineral activities nationwide shall be prepared according to Template No. 32.

5. The report on the results of mineral exploration shall be prepared according to Template No. 33.

6. The report on the results of mineral water exploration shall be prepared according to Template No. 34.

7. The report on the implementation results of the mine closure project shall be prepared according to Template No. 35.

Article 13. Template for Receiving Documents on Mineral Activities and Mine Closure

The appointment receipt form and the document receiving form for handling mineral activity documents shall be prepared according to Templates No. 36 and No. 37 attached hereto.

Chapter V
IMPLEMENTATION

Article 14. Effective Date

This Circular takes effect from January 15, 2013.

Circular No. 01/2006/TT-BTNMT dated January 23, 2006 of the Ministry of Natural Resources and Environment guiding the implementation of certain provisions of 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 articles of the Law on Minerals; Decision No. 1456/QĐ-ĐCKS dated September 4, 1997 of the Minister of Industry promulgating the "Regulations on Closing Solid Mineral Mines" shall cease to be effective from the date this Circular takes effect.

Article 15. Implementation Provisions

During the implementation process, if there are difficulties or obstacles, it is recommended that relevant ministries, sectors, provincial people's committees under the central government, organizations, and individuals concerned reflect these issues to the Ministry of Natural Resources and Environment for research and appropriate amendments and supplements./