Decision No. 23/2004/QD-BTNMT Issuing Regulations on Reporting in Mineral Activities

DECISION

Issuing Regulations on Reporting in Mineral Activities

MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to the Law on Minerals dated March 20, 1996;

Pursuant to Decree No. 76/2000/NĐ-CP dated December 15, 2000 of the Government detailing the implementation of the Law on Minerals (amended);

Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 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 and Mineral Resources Administration and the Head of the Legal Department,

DECISION:

Article 1. These Regulations on Reporting in Mineral Activities are hereby promulgated together with this Decision.

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

This Decision replaces Decision No. 549/QĐ-ĐCKS dated April 15, 1997 of the Minister of Industry promulgating "Regulations on Periodic Reporting System in Mineral Activities".

Article 3. The Director of the Vietnam Geological and Mineral Resources Administration, Directors of Provincial Departments of Natural Resources and Environment, Heads of units under the Ministry, and organizations and individuals concerned are responsible for implementing this Decision./.

 

REGULATIONS

ON REPORTING IN MINERAL ACTIVITIES
(Issued together with Decision No. 23/2004/QĐ-BTNMT dated October 28, 2004 of the Minister of Natural Resources and Environment)

Article 1. Scope of Regulation and Applicability

1. These regulations stipulate the contents and reporting system in mineral activities including exploration, prospecting, mining, and processing (hereinafter referred to collectively as mineral activities); responsibilities of state management agencies on minerals and organizations and individuals permitted to engage in mineral activities in implementing the reporting system in mineral activities.

2. These regulations apply to state management agencies on minerals and organizations and individuals permitted to engage in mineral activities as prescribed by laws on minerals.

Article 2. Reporting in Mineral Activities

Reporting in mineral activities shall be carried out according to the Forms attached hereto:

1. Reporting on exploration (prospecting) activities shall be conducted according to Form No. 01;

2. Reporting on mining activities shall be conducted according to Form No. 02; for natural mineral water (hot water), it shall be conducted according to Form No. 03;

3. Reporting on processing activities shall be conducted according to Form No. 04;

4. Reporting on mineral activities within the province or centrally governed city shall be conducted according to Form No. 05;

5. Reporting on national-level mineral activities shall be conducted according to Forms No. 05, No. 06, and No. 07.

Article 3. Reporting System, Responsibilities for Preparing and Submitting Reports in Mineral Activities

1. Reports in mineral activities shall be submitted periodically every six (06) months and annually. The first six-month period is from January 1 to June 30 of the reporting year. The annual period is from January 1 to December 31 of the reporting year.

In addition to the reporting system mentioned above, when requested by state management agencies on minerals, organizations and individuals permitted to engage in mineral activities must submit ad hoc reports on their mineral activities.

2. Responsibilities for preparing and submitting reports in mineral activities are as follows:

a) Organizations and individuals permitted to engage in mineral activities are responsible for preparing reports in accordance with Clauses 1, 2, and 3 of Article 2 of these regulations and must submit the report to the Provincial Department of Natural Resources and Environment where they are permitted to conduct mineral activities no later than five (05) days after the end of the reporting period. For organizations and individuals conducting mineral activities under licenses issued by the Ministry of Natural Resources and Environment, they must also submit to the Vietnam Geological and Mineral Resources Administration.

b) Provincial Departments of Natural Resources and Environment are responsible for preparing reports in accordance with Clause 4 of Article 2 of these regulations and must submit the report to the People's Committee of the province or centrally governed city and the Vietnam Geological and Mineral Resources Administration no later than fifteen (15) days after the end of the reporting period.

c) The Vietnam Geological and Mineral Resources Administration is responsible for preparing reports in accordance with Clause 5 of Article 2 of these regulations and must submit them to the Ministry of Natural Resources and Environment no later than thirty (30) days after the end of the reporting period.

3. Entities preparing and submitting reports are responsible for the accuracy and truthfulness of the data and information stated in the reports.

Article 4. Organization of Implementation

The Director of the Vietnam Geological and Mineral Resources Administration and the Directors of Provincial Departments of Natural Resources and Environment are responsible for urging and inspecting the implementation of these regulations.

Any difficulties encountered during implementation must be promptly reported to the Ministry of Natural Resources and Environment for consideration and resolution.

FORM NO. 01

(ORGANIZATION PERMITTED TO ENGAGE IN MINERAL ACTIVITIES)No. …/…SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness …, day month year 20…

    Respected: …

REPORT

MINERAL EXPLORATION (PROSPECTING) ACTIVITY

I- COMMON PART:

1. Organization, individual permitted to explore (prospect): …;

2. Address: …;

    Telephone: …; Fax: …;

3. License number: …day …month …year …;

   Validity period of license: …months (years);

4. Type of mineral permitted to explore (prospect): …;

5. Location: village …, commune …, district …, province …;

6. Exploration (prospecting) project name: …

II- QUANTITY OF EXPLORATION (PROSPECTING) WORK AND COSTS INCURRED IN THE LAST SIX MONTHS (ONE YEAR), FROM DAY …MONTH …YEAR … TO DAY …MONTH … YEAR …

Serial No.Type of workUnit of measurementQUANTITYCOSTAccording to projectIn current reporting periodCumulative totalRemainingAccording to projectIn current reporting periodCumulative totalRemaining12345678910111234.          .          

III. PROPOSALS AND PETITIONS:

 Organization permitted to engage in mineral activities

(Signature, stamp)

FORM NO. 02

(ORGANIZATION PERMITTED TO ENGAGE IN MINERAL ACTIVITIES)No. …/…SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness…, day month year 20…

              Respected: …

REPORT

MINERAL EXPLORATION ACTIVITY

I- COMMON PART:

1. Organization, individual permitted to mine: …;

2. Address: …;

    Telephone: …; Fax: …;

3. License number: …day …month …year …;

   Validity period of license: …months (years);

4. Type of mineral permitted to mine: …;

5. Location: village …, commune …, district …, province …;

6. Total investment capital: …(million VND);

7. Source of capital: ...(If there is a joint venture with domestic or foreign partners, specify the name of the partner, country, contribution ratio, etc...)

II. RESULTS OF MINERAL EXPLORATION AND PROCESSING ACTIVITIES IN THE LAST 6 MONTHS (OR 1 YEAR), FROM DATE...MONTH...YEAR...TO DATE...MONTH...YEAR...

A. Mineral exploration activities

1. Method of exploration:...(open-pit, underground shafts);

2. Designed capacity for mineral exploration:...(kg, tons, m³);

3. Actual production volume of minerals: ...(kg, tons, m³);

4. Volume of processed products: ...(kg, tons, m³) (specify clearly refined ore, clean coal, block stone, sheet stone, boulder, gravel, etc...);

5. Volume of by-products recovered: ...(kg, tons, m³) (specify clearly the type of by-products recovered);

6. Exploration cost:...(VND, thousands of VND/kg, tons, m³);

7. Total number of staff:...(people), including direct production workers:...(people);

8. Remaining mineral reserves (at the time of reporting): ...(kg, tons, m³);

9. Designed loss rate: ...%;

10. Actual loss rate: ...%;

11. Exported volume (if any): ...(kg, tons, m³);

12. Total revenue: ...(million VND);

13. State budget payment (specify each tax item): ...(million VND);

     Of which Mineral Resource Tax: ...(million VND).

B. MINERAL PROCESSING ACTIVITIES

1. Volume of raw minerals put into processing:...(kg, tons, m³);

2. Concentration of raw minerals put into processing: ...(%, g/ton, m³);

3. Volume of processed products (specify clearly refined ore, clean coal, block stone, sheet stone, boulder, gravel, etc...): ...(kg, tons, m³);

4. Concentration of processed products: ...(%, g/ton, m³);

5. Volume of by-products recovered: ...(kg, tons, m³)

6. Total number of staff:...(people), including direct production workers:...(people);

7. Designed loss rate: ...%;

    Actual loss rate: ...%;

8. Exported volume (if any): ...(kg, tons, m³);

   Export market: ...;

9. Processing cost:...(VND, thousands of VND/kg, tons, m³);

9. Total revenue: ...(million VND);

10. State budget payment (specify each tax item): ...(million VND).

III. PROPOSALS AND PETITIONS:

  Mineral operation organization

(Signature, stamp)

Attached documents

- Current mine status map

FORM NUMBER 03

(ORGANIZATION PERMITTED TO ENGAGE IN MINERAL ACTIVITIES)No. …/…SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness …, day month year 20…

    Respected: …

REPORT

NATURAL MINERAL WATER (GEOTHERMAL WATER) EXPLORATION ACTIVITIES

I. GENERAL INFORMATION:

1. Organization, individual permitted to mine: …;

2. Address: …;

    Telephone: …; Fax: …;

3. Permit number: …dated... month…year…;

   Validity period of permit:…months (years)

4. Location: hamlet……., commune………, district……., province…;

5.Name of currently exploited well (outcrop):…;

6. Purpose of exploitation: (quenching thirst, treating diseases, etc.): …         

7. Total investment capital: …(million VND);

8. Source of capital: …;

9. Note: If there is a joint venture with domestic or foreign partners, please specify the name of the partner, country, contribution ratio, etc...

II. RESULTS OF MINERAL EXPLORATION AND PROCESSING ACTIVITIES IN THE LAST 6 MONTHS (OR 1 YEAR), FROM DATE...MONTH... YEAR... TO DATE...MONTH... YEAR...

1. Production volume: …(liters, m³)/year;

    Including:

          - Bottled:  …(liters, m³)/year;

          - For medical treatment: …  (liters, m³)/year;

2. Number of direct production workers:…(people);

3. Total revenue:…(million VND);

4. Paid to state budget (taxes): …(million VND);

    Of which Mineral Resource Tax: …(million VND).

III. PROPOSALS AND PETITIONS:

Mineral operation organization

(Signature, stamp)

FORM NUMBER 04

(ORGANIZATION PERMITTED TO ENGAGE IN MINERAL ACTIVITIES)No. …/…SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness …, day month year 20…

To: …

REPORT

MINERAL PROCESSING ACTIVITIES
(For organizations and individuals granted mineral processing permits)

I- COMMON PART:

1. Organization or individual permitted to process minerals: …;

2. Address: …;

Telephone: …;  Fax: …;

3. License number: …day …month …year …;

Validity period of permit: …months (years);

4. Type of mineral processed: …;

5. Administrative location of mineral processing: …;

6. Processed volume: …(kg, tons, m³)/year;

7. Total investment capital: …(million VND);

8. Source of capital: …;

9. Note: If there is a joint venture with domestic or foreign partners, please specify the name of the partner, country, contribution ratio, etc...

II. RESULTS OF MINERAL PROCESSING ACTIVITIES IN THE LAST 6 MONTHS (OR 1 YEAR), FROM DATE...MONTH... YEAR... TO DATE...MONTH... YEAR…

1. Volume of raw minerals put into processing:...(kg, tons, m³);

2. Concentration of raw minerals put into processing: ...(%, g/ton, m³);

3. Volume of processed products (specify clearly refined ore, clean coal, block stone, sheet stone, boulder, gravel, etc...): ...(kg, tons, m³);

4. Concentration of processed products: …(%, g/ton, m³));

5. Volume of by-products recovered: ...(kg, tons, m³);

6. Number of direct production workers: …(people); 

7. Designed loss rate: ...%;

    Actual loss rate: ...%;

8. Exported volume (if any): ...(kg, tons, m³);

    Export market: …;

9. Total revenue: ...(million VND);

10. State budget payment (specify each tax item): …(million VND);

      Of which Mineral Resource Tax: …(million VND).

IV. Proposals and petitions:

 Organization permitted to engage in mineral activities

(Signature, stamp)

 FORM NUMBER 05

MINERAL MANAGEMENT AUTHORITY SUBORDINATE ORGANIZATION NUMBER …/… SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness …, day month year 20…

To: …

REPORT

MINERAL ACTIVITY REPORT
(in the territory (province..., region..., nationwide) during the last 6 months (or 1 year), from date…month... year…to date…month…year…)

I. SITUATION OF MINERAL SURVEY, EXPLORATION, EXPLORATION AND PROCESSING

1. Evaluation of mineral survey and exploration situation

- Achievements

- Difficulties and remaining issues

- Summary table of mineral exploration data (based on form number 06)

2. Evaluation of mineral exploration situation

- Achievements

- Difficulties and remaining issues

- Summary table of mineral exploration data (based on form number 07)

3. Evaluation of mineral processing situation

- Achievements

- Difficulties and remaining issues

- Summary table of mineral processing data (based on form number 07)

II. PROPOSALS AND PETITIONS

HEAD OF THE AUTHORITY

(Signature, stamp)

SUMMARY TABLE OF MINERAL EXPLORATION DATA

 FORM NUMBER 06

SUMMARY TABLE OF MINERAL EXPLORATION (PROCESSING) DATA

FORM NUMBER 07