Circular No. 17/2020/TT-BTNMT stipulates the preparation of maps, cross-section drawings of the permitted mining area, statistics, inventory of extracted mineral reserves, and procedures, methods, and forms to determine actual mineral production.

CIRCULAR

Regulations on the preparation of maps and cross-sectional drawings of the permitted mining area, statistics, inventory of extracted mineral reserves, and procedures, methods, and forms for determining actual mineral production

Pursuant to the Minerals Law No. 60/2010/QH12 dated November 17, 2010;

Pursuant to Decree No. 158/2016/NĐ-CP dated November 29, 2016 of the Government detailing the implementation of certain articles of the Law on Minerals;

On the basis of Decision No. 36/2017/NĐ-CP dated April 4, 2017, 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 General of the Vietnam Geological and Mineral Resources Administration and the Head of the Legal Department;

The Minister of Natural Resources and Environment promulgates this Circular regulating the preparation of maps and cross-sectional drawings of the permitted mining area, statistics, inventory of extracted mineral reserves, and procedures, methods, and forms for determining actual mineral production.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the following contents:

1. Preparation of current status maps and cross-sectional drawings of the permitted mining area, statistics, and inventory of extracted mineral reserves as stipulated in Clause 3, Article 63 of the 2010 Minerals Law (excluding gas minerals);

2. Procedures, methods for determining and statistical forms for determining actual mineral production as stipulated in Articles 41, 42, and 43 of Decree No. 158/2016/NĐ-CP dated November 29, 2016 of the Government detailing certain provisions of the Minerals Law (hereinafter referred to as Decree No. 158/2016/NĐ-CP).

Article 2. Applicability

This Circular applies to organizations and individuals engaged in mineral extraction that have been granted permission to extract minerals by competent state authorities; state management agencies for minerals, relevant agencies, organizations, and individuals.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Submerged mineral area is the area containing minerals within the permitted mining area which cannot be drained dry or cannot use drainage measures during the mining process as determined in the mining project investment content and mine design.

2. Main marker point is the geodetic marker established during exploration and basic construction of the mine and remains stable throughout the mining period.

3. Auxiliary marker point is the supplementary geodetic marker established between main marker points, not retained long-term for detailed topographic features of the mineral body for preparing current status maps and cross-sectional drawings.

4. Mineral reserve statistics is the determination of the actual annual extracted mineral reserves and the total extracted mineral reserves from the time of permission to extract until the date of statistics.

5. Mineral reserve inventory is the determination of remaining permitted mineral reserves at the time of inventory.

Article 4. Responsibilities in the preparation of documents, records, information, and data for determining actual mineral production

Organizations and individuals engaged in mineral extraction shall be responsible for preparing documents, records, information, and data for determining actual mineral production from the start of mine operation until its closure, including:

1. Preparing, updating, and managing technical records, financial documents as stipulated in Clause 2 and Clause 3, Article 41 of Decree No. 158/2016/NĐ-CP and statistical forms issued together with this Circular.

2. Implementing the provisions of Clause 2, Article 42 of Decree No. 158/2016/NĐ-CP. For weighbridges, they must be installed in accordance with the terrain conditions and mining conditions of the mine, ensuring full control over all raw minerals exiting the permitted mining area. The type and size of scales installed at weighbridges must be suitable for the scale, capacity, and technical infrastructure of the mine; the type of mine, the type of minerals extracted, and the type of mineral transportation equipment.

3. Implementing the provisions of Clause 3, Article 42 of Decree No. 158/2016/NĐ-CP, annually compiling data on actual mineral production, including both primary minerals and accompanying minerals and the volume of waste rock (if any) to be included in periodic mineral extraction reports.

4. Implementing the provisions of Article 43 of Decree No. 158/2016/NĐ-CP and bearing legal responsibility for the accuracy of the information and data recorded in technical records, invoices, financial documents, statistical forms, and other related documents for determining actual mineral production.

5. Determination of actual mineral production must ensure compliance with the procedures and methods prescribed in this Circular.

Article 5. General requirements for preparing current status maps and cross-section drawings

1. The preparation of current status maps and cross-section drawings for mining areas must meet the following requirements:

a) Current status maps must be prepared based on topographic maps with the VN-2000 coordinate system, central meridian, and projection compatible with the mining area map attached to the Mining License; they must fully reflect all contents according to regulations on surveying and mapping, information related to the ore bodies being mined within the permitted mining area at the time of establishment. The scale of the map must be 1:1,000, 1:2,000, or 1:5,000;

b) Current status cross-section drawings must be prepared at the same scale or larger than the current status map and must accurately represent information about the morphology, position, and geological structure of the ore bodies being mined at the time of establishment;

c) Current status maps and cross-section drawings must be presented in paper form and stored in digital format; they must truthfully reflect actual information and data at the time of establishment. Symbols, formats, and contents of elements on current status maps and cross-sections must be consistent with those in exploration reports, mining project investment plans, and approved mine designs.

2. Organizations and individuals permitted to mine minerals must directly prepare current status maps and cross-section drawings when they satisfy the conditions stipulated by law on surveying and mapping. In cases where they hire others to prepare these maps and drawings, the contracted surveying unit must have the functions and conditions to meet the requirements stipulated by law on surveying and mapping, and must bear legal responsibility for the accuracy of the contents reflected in the current status maps and cross-section drawings.

Article 6. Time for Preparing Current Status Maps and Cross-Section Drawings and Inventory of Mineral Reserves

1. Organizations and individuals engaged in mineral extraction must prepare current status maps and cross-section drawings for the mining area from the start of basic mine construction; during the mining process until the end of mining (mine closure). Information and data for preparing current status maps and cross-section drawings for the mining area must be updated annually up to December 31 each year and implemented as follows:

a) At least once a year for the extraction of mineral water, natural hot water; and for the extraction of common construction materials with an annual permitted extraction capacity of less than 50,000 cubic meters of raw material;

b) At least twice a year for other types of minerals.

2. Based on the updated information and data from the current status maps and cross-section drawings, organizations and individuals permitted to extract minerals will conduct inventories and stocktaking of extracted mineral reserves; evaluate the actual quantity and quality of extracted minerals compared to the approved exploration results.

3. The inventory and stocktaking of mineral reserves shall take place at the end of the reporting year. Data for inventory and stocktaking shall be calculated up to December 31 of the year, consistent with the periodic reporting period for mining activities. The inventory and stocktaking report shall follow Model Form 01 issued together with this Circular.

Article 7. Storage of current status maps, cross-section drawings; related information, documents and records, vouchers, information, data for determining actual mineral production volume

Clause 1. Organizations and individuals exploiting minerals must store and preserve current status maps, cross-section drawings; statistical reports, inventory of extracted mineral reserves and other information, documents in accordance with laws on storage and relevant laws; records, vouchers, information, data for determining actual mineral production volume shall be stored in both paper form and electronic storage media, digitized.

Clause 2. The files and documents mentioned in Clause 1 of this Article must be kept and preserved at the office where mineral exploitation activities take place, while copies must be stored at the workplace of organizations and individuals exploiting minerals.

Clause 3. Documents stored in paper form include:

Point a) Current status maps;

Point b) Cross-section drawings;

Point c) Information materials about changes in quality, reserves of minerals, ore body morphology during the period of creating current status maps and cross-sections;

Point d) Statistical and inventory reports of extracted mineral reserves, remaining mineral reserves;

Point đ) Records, vouchers, related materials to determine actual mineral production volume;

Point e) Periodic reports on mineral exploitation activities.

Clause 4. All information and documents mentioned in Clause 3 of this Article must be stored on computer hard drives or other data carriers (CDs, USBs, external hard drives).

Chapter II

ESTABLISHING CURRENT STATUS MAPS AND CROSS-SECTION DRAWINGS; STATISTICAL REPORTS AND INVENTORIES OF EXTRACTED MINERAL RESERVES AND PROCEDURES, METHODS, AND FORMS FOR DETERMINING ACTUAL MINERAL PRODUCTION VOLUME

Section 1

ESTABLISHING CURRENT STATUS MAPS AND CROSS-SECTION DRAWINGS OF PERMITTED EXPLOITATION AREAS; STATISTICAL REPORTS AND INVENTORIES OF EXTRACTED MINERAL RESERVES

Article 8. Content displayed on current status maps of露天开采矿产区域

Clause 1. Geodetic information: level lines, geodetic control points (main points, subsidiary points, control points), permitted exploitation boundaries, exploitation area boundaries updated during the period (if applicable), land features, hydrological systems, transportation routes (open strip roads, internal mine transport routes, etc.).

Clause 2. Geological information: stratigraphic units, faults, folds, rock attitudes.

Clause 3. Mineral information: ore body/strip boundaries and attitudes; reserve blocks, exploration works and their numbers; mineral information according to pre-exploitation exploration stages, upgraded exploration, exploitation process; accompanying minerals (updated similarly to main minerals); locations of supplementary sampling (if applicable).

Clause 4. Exploitation area information: basic mine construction projects, open-pit exploitation boundaries, working bench lines, active or completed exploitation bench lines, auxiliary works, ore storage facilities, waste disposal sites, internal and external mine transportation systems at the time of establishing current status maps as stipulated in Clause 1, Article 6 of this Circular.

Clause 5. The content displayed on current status maps of露天开采的矿产区域适用于整个矿产回采区域，并应按照现行的技术标准和规范执行。

Article 9. Content to be reflected on the current status map of the mining area using underground mining methods

1. Geodetic information: level lines, geodetic markers (main markers, auxiliary markers), elevation points, permitted exploitation boundaries, exploitation area boundaries for the update period (if applicable), topography, terrain features, hydrological system.

Clause 2. Geological information: stratigraphic units, faults, folds, rock attitudes.

3. Mineral information: boundaries of ore bodies/beds and their positions; blocks of reserves, exploration works and their numbers; mineral information according to pre-exploitation exploration stages, reserve upgrading exploration during exploitation; accompanying minerals (updated similarly to main minerals); additional sampling locations (if applicable).

4. Information about the mining area: basic mine construction works; locations and parameters of development, preparation, and exploitation adits (main shafts, auxiliary shafts, station yards, station tunnels, systems of crosscut adits, along-strike transport and ventilation adits, upper adits, exploitation drifts...), other auxiliary works serving mining activities at the time of creating the current status map as stipulated in Clause 1, Article 6 of this Circular.

For adits/shafts constructed and operated during the period of creating the current status map, cross-sections must be supplemented with plan views, longitudinal sections, and transverse sections of these adits/shafts. The plans and cross-sections must include all information about the name, elevation of the adit/shaft mouth, points where the adit/shaft changes direction... For inclined adits/shafts, the angle value must be recorded, with specific symbols indicating each type of adit/shaft.

5. The content to be reflected on the current status map as prescribed in this Article shall be implemented in accordance with current technical standards and regulations.

Article 10. Content to be reflected on the current status map of the mining area for flooded mines

1. Geodetic information: level lines, main geodetic markers, auxiliary geodetic markers, contour lines of bottom topography.

2. Mineral information: thickness contour lines of ore bodies, blocks of reserves, exploration works, locations already exploited, currently being exploited, waste disposal locations (if applicable).

3. The content to be reflected on the current status map as prescribed in this Article shall be implemented in accordance with current technical standards and regulations.

Article 11. Content to be reflected on the current status map of the mining area for mineral water and natural hot water

1. The current status map of the mining area for mineral water and natural hot water includes:

a) A topographic map of the permitted area showing the location of extraction wells, monitoring wells (if applicable), pump locations, well protection structures;

b) Structural diagrams of extraction wells, monitoring wells (if applicable) showing the well number, coordinates, well depth; depth of well walls, aquifer levels being exploited; static water level height; drawdown water level according to the investment project and actual monitoring results according to the frequency specified in the mining project investment plan or Environmental Impact Assessment Report or approved or confirmed Environmental Standard Compliance Registration;

c) Monitoring records of pumping flow rate, static water level, dynamic water level, pH, water temperature, air temperature, recovery measurement results for the reporting period accompanied by water quality analysis results for the reporting period according to intended use.

2. The content to be reflected on the current status map as prescribed in this Article shall be implemented in accordance with current technical standards and regulations.

Article 12. Content displayed on the cross-section drawing of the current status

1. The cross-section drawing of the current status of the mineral exploitation area (excluding mineral water and natural hot water) using open-pit mining method shall be based on the block diagram for reserve calculation, wall equalization diagram, pillar exposure diagram of the ore body, and the cross-section reserve calculation drawing in the report on the results of mineral exploration used when preparing the Mineral Exploitation Investment Project, Mine Design, and supplemented with information at the time of creating the current status map as prescribed in this Circular.

The cross-section drawing of the current status must fully display information about the exploitation boundaries, exploration works before exploitation, upgraded exploration during exploitation (if any); the ore body (thickness, position, structure, quality of the mineral), and changes in the main ore body and accompanying minerals; surrounding rock around the main ore body and accompanying minerals.

2. In cases where the mineral exploitation area (open-pit, underground mine) does not have a geological exploration line passing through it at the time of creating the cross-section drawing of the current status, at least two additional cross-section drawings of the current status must be created.

The cross-section drawings (supplementary) must be consistent with the exploration lines and pass through the entire exploitation area and upgraded reserve exploration works (if any) at the time of establishment.

Article 13. Statistics and inventory of mineral reserves

1. The statistics of mineral reserves are determined based on the following information and documents:

a) Total mineral reserves already exploited according to the reserve calculation criteria index in the report on the results of exploration up to the time of statistics. This is the statistical data of the reserves already exploited in the reporting year;

b) Total mineral reserves already exploited according to the reserve calculation criteria index established based on supplementary exploration results and actual exploitation up to the time of statistics. This is the data determined from the actual production volume of the mineral, total quantity of mineral consumed in the year; total actual quantity of mineral extracted (cumulative) up to the reporting year.

2. The inventory of mineral reserves in the permitted exploitation area is determined based on the following information and documents:

a) Permitted mineral reserves recorded in the Mineral Exploitation License;

b) Changes in mineral reserves compared to the exploration results approved by the competent state management agency at the time of inventory;

c) Actual cumulative mineral reserves extracted up to the time of inventory are determined based on the information, data, and statistical documents specified in Clause 1 of this Article.

3. The report on the results of statistics and inventory of mineral reserves shall be carried out according to Model No. 01 issued together with this Circular.

Section 2

PROCEDURE AND METHODS FOR DETERMINING THE ACTUAL MINERAL PRODUCTION QUANTITY

Article 14. Basis for determining the actual mineral production quantity

The determination of the actual mineral production quantity is based on the following files, documents, information, and data:

1. Current status maps, cross-section drawings of the current status of the exploitation area. The creation of current status maps, cross-section drawings of the current status of the permitted exploitation area shall be carried out in accordance with the provisions of Section 1 Chapter II of this Circular.

2. Various ledgers of each technological stage of the mine exploitation, screening, classification enrichment (if any).

3. Consumption quotas for raw materials and fuels and comprehensive statistics of various certificates for the use of raw materials, fuels, industrial explosives (if any).

4. Financial invoices and certificates in the year of calculation, including the actual general loss factor.

5. Data from weighing stations installed at locations where raw mineral is transported out of the exploitation area.

Article 15. Procedure for determining actual production volume of solid mineral mines

Organizations and individuals engaged in mineral activities; related organizations and individuals shall conduct the determination of the actual production volume of solid mineral mines (including both main minerals and accompanying minerals) according to the following procedure:

1. Based on the approved Mine Design; five-year exploitation plan, the end status of the exploitation area in the previous year, organizations and individuals exploiting minerals shall prepare an exploitation plan (estimated) for the calculation year.

2. Establish various types of ledgers to record and update information and data for each technological stage of mine exploitation, including: mine rock preparation, drilling - blasting (if applicable); excavation and transportation of mine rocks, handover and transportation of minerals; screening, classification and enrichment of minerals; storage entry, storage exit and inventory of minerals (including raw minerals and screened and classified enriched minerals); losses when transporting minerals for consumption (storage, loading and unloading, transportation, etc.).

3. Conduct measurements, recording, and updating of quantities and quality of each work (for items that can be directly measured and determined in terms of quantity); check records, measurement results, update maps, calculate quantities for each work (for items that must be measured and determined in terms of quantity through current status maps, cross-sections, drawings, tables, etc.) for each technological stage of mine exploitation as stipulated in Clause 2 of this Article.

4. Inspect and prepare Certificates of Acceptance for recorded and calculated quantities for each item of work at each technological stage of mine exploitation; collect and compile all invoices, certificates, accounting ledgers, quality inspection results of minerals (if any) to determine the actual production volume of exploited minerals.

5. Compile recorded and updated data and information into statistical tables according to templates No. 02, 03, 04, 05, 06, and template No. 07 issued together with this Circular; compare with the total open volume (including waste rocks and useful minerals) actually determined by December 31 of the calculation year.

Article 16. Procedure for determining the actual production volume of minerals extracted by households, recovery of minerals within construction project areas, and sand and gravel mining from riverbeds, including recovery of sand from dredging projects and channel clearance

The determination of the actual production volume of minerals extracted by households and families, individuals engaged in ordinary construction material minerals as stipulated in Point b, Clause 2, Article 64 of the 2010 Minerals Law; sand and gravel extraction from riverbeds, including recovery of sand from dredging projects and channel clearance shall be carried out as follows:

1. Establish various types of ledgers to record and update data and information during the exploitation process; for each technological stage of mine exploitation (if applicable) as stipulated in Clause 1 of Article 4 of this Circular.

2. Conduct measurements, recording, and updating of quantities and quality of each work for the ledgers as stipulated in Clause 1 of this Article; collect all invoices, certificates, accounting ledgers, quality inspection results of minerals (if any) to determine the actual production volume of extracted minerals.

3. Compile recorded and updated data and information into statistical tables according to templates No. 02, 04, 05, 06, and template No. 07 issued together with this Circular; compare with the total mine volume (including waste rocks and useful minerals if any) actually determined by December 31 of the calculation year.

Article 17. Procedure for Determining Actual Mineral Production from Mineral Water and Natural Hot Water Mines

The determination of actual mineral production from mineral water and natural hot water mines shall be carried out as follows:

1. Based on the approved mine design; the actual production volume of the previous year, the organization or individual exploiting minerals shall prepare an exploitation plan (forecast) for the calculation year.

2. Establish various types of ledgers to record and update data and information on the flow rate of raw mineral water at the source; the volume of mineral water and hot water used for different purposes in the production process according to each stage as per the approved mine design.

3. Record and update the actual flow rate into the ledgers prescribed in Clause 2 of this Article; collect all invoices, certificates, accounting ledgers, and results of mineral water and natural hot water quality testing (if any) to determine the actual mineral production volume.

4. Compile the recorded and updated data and information into statistical tables according to templates 04, 05, 06, and 07 issued together with this Circular; compile the actual flow rate determined up to December 31 of the calculation year.

Article 18. Method for Determining Actual Mineral Production Volume for Solid Minerals

Depending on the type of solid mineral being exploited, the actual mineral production volume specified in Clause 1 of Article 42 of Decree No. 158/2016/NĐ-CP shall be determined as follows:

1. The actual mineral production volume is taken as the average of the data sources determined according to Points a, b, c, and d of this Clause when the discrepancy between the data sources is less than or equal to the loss factor rate (in percentage) specified in the approved mine design.

a) Data on production volume calculated based on the quantity of minerals mined at the mining site using current status maps and cross-sections of the mining area.

b) Aggregate and statistical data on production volume measured through weighbridges.

c) Statistical and calculated data on production volume from information and data on receipt and transportation of minerals; screening, enrichment, and classification of minerals; storage, withdrawal, and inventory of minerals (including both raw and processed minerals; primary and accompanying minerals); losses during transportation for consumption (storage, loading, transportation, etc.).

d) Aggregate and statistical data on production volume from invoices and certificates related to resource tax payments and environmental protection fees.

3. The discrepancy in the actual mineral production volume data determined according to each stage of the mining technology specified in Clause 1 of this Article, when compared to each other, must not exceed the loss factor rate (in percentage) specified in the approved mine design. In cases where the discrepancy between the data sources exceeds the loss factor rate (in percentage) specified in the approved mine design but is consistent with the actual conditions of the calculation year, the actual mineral production volume will be taken from the highest value data source among Points a, b, c, or d of Clause 1 of this Article.

The volume of overburden, actual production volume of primary minerals, and accompanying minerals as stipulated in Clause 2 of this Article must be separately recorded and inventoried.

Article 19. Methods for determining the actual production volume of minerals mined by households and sand and gravel extraction from riverbeds, including activities to recover sand from dredging projects to clear channels and waterways.

The actual production volume of minerals mined by households and families mining ordinary construction materials as stipulated in Point b Clause 2 Article 64 of the Minerals Law; sand and gravel extraction from riverbeds, including activities to recover sand from dredging projects to clear channels and waterways, is the arithmetic mean of the production volumes determined from the following sources of data:

1. Production data from statistics, consolidation of record books, and updates on quantities within the calculation year.

2. Production statistics and consolidation from financial invoices and documents within the calculation year.

Article 20. Methods for determining the actual production volume of mineral water and natural hot water mines.

The actual production volume of mineral water and natural hot water mines is the arithmetic mean of the production volumes determined from the following sources of data:

1. Production data from statistics and consolidation of record books on the flow rate of mineral water and natural hot water at the well (for cases where mineral water and natural hot water are extracted from wells) or consolidated data on the use of mineral water and natural hot water for different purposes in the production process according to the approved mine design (for cases where mineral water and natural hot water are extracted from natural outflows).

2. Production statistics and consolidation from financial invoices and documents within the calculation year.

Article 21. Statistical forms for determining the actual production volume of minerals and reporting on the inventory of extracted mineral reserves.

1. The statistical work to determine the actual production volume of minerals is carried out using Forms 02, 03, 04, 05, 06, and 07 attached to this Circular.

2. Reporting on the inventory of extracted mineral reserves is conducted according to Form 01 of this Circular. The calculation period ends on December 31 each year, consistent with the periodic reporting period for mineral extraction activities.

Chapter III

IMPLEMENTATION

Article 22. Transitional provisions

1. Organizations and individuals extracting minerals who have completed or are implementing the preparation of current status maps, cross-sections, and inventory of mineral reserves before this Circular takes effect shall comply with the provisions of Circular No. 02/2013/TT-BTNMT dated March 1, 2013, issued by the Ministry of Natural Resources and Environment regarding the preparation of current status maps, cross-section drawings of permitted mining areas; and the inventory of mineral reserves.

In cases where organizations and individuals extracting minerals have not initiated the preparation of current status maps, cross-sections, and inventory of mineral reserves before this Circular takes effect, they shall comply with the provisions of this Circular.

2. Organizations and individuals who have completed or are implementing the preparation of statistical forms to determine the actual production volume of minerals before this Circular takes effect shall comply with the provisions of Circular No. 61/2017/TT-BTNMT dated December 22, 2017, issued by the Ministry of Natural Resources and Environment concerning procedures, methods for determination, and statistical forms for the actual production volume of minerals.

In cases where organizations and individuals have not initiated the preparation of statistical forms to determine the actual production volume of minerals before this Circular takes effect, they shall comply with the provisions of this Circular.

Article 23. Effectiveness of Implementation

1. This Circular takes effect from February 9, 2021.

2. This Circular replaces Circular No. 02/2013/TT-BTNMT dated March 1, 2013, which stipulates the preparation of current status maps, cross-section drawings of permitted mining areas; and the inventory of mineral reserves, and Circular No. 61/2017/TT-BTNMT dated December 22, 2017, issued by the Ministry of Natural Resources and Environment concerning procedures, methods for determination, and statistical forms for the actual production volume of minerals.

Article 24. Implementation Organization

1. The Vietnam General Department of Geology and Mineral Resources is responsible for guiding and supervising the implementation of the provisions of this Circular.

2. Ministries, ministerial-level agencies, provincial People's Committees, provincial Departments of Natural Resources and Environment, and related organizations and individuals are responsible for enforcing this Circular./.