Circular No. 23/2018/TT-BTNMT stipulates on the organization of determining, reviewing, and approving the results of determining costs for assessing mineral potential and exploration costs that must be repaid due to state investment.

CIRCULAR

Regulations on organizing the determination, verification, and approval of results for determining costs of mineral potential assessment and exploration costs to be reimbursed due to state investment 

Pursuant to the Law on Minerals 2010;

Pursuant to Decree 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

Pursuant to Decision No. 04/2018/QĐ-TTg dated January 23, 2018 of the Prime Minister promulgating regulations on methods for determining costs of mineral potential assessment and exploration costs to be reimbursed, reimbursement methods; regulations on collection, management, and use of costs for mineral potential assessment and exploration conducted by the state; 

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

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

The Minister of Natural Resources and Environment issues this Circular on organizing the determination, verification, and approval of results for determining costs of mineral potential assessment and exploration costs to be reimbursed due to state investment

This Circular provides detailed provisions for point b, Clause 1, Article 9 of the regulations on methods for determining costs of mineral potential assessment and exploration costs to be reimbursed, reimbursement methods; regulations on collection, management, and use of costs for mineral potential assessment and exploration conducted by the state issued together with Decision No. 04/2018/QĐ-TTg dated January 23, 2018 of;

the Prime Minister (hereinafter referred to as the regulations issued together with Decision No. 04/2018/QĐ-TTg)..

Article 1. Scope of Regulation

1. State management agencies and public service units shall carry out the determination, collection, management, and utilization of funds for the reimbursement of costs for mineral potential assessment and exploration. 2. Organizations and individuals using data and information on the results of mineral potential assessment and exploration conducted by the state for mineral exploration and exploitation.

Article 2. Applicability

This Circular applies to:

Article 3. Procedure for Determining Costs of Mineral Potential Assessment and Exploration Costs to be Reimbursed

The determination of costs for mineral potential assessment and exploration costs to be reimbursed due to state investment (hereinafter collectively referred to as the determination of reimbursement costs) shall be carried out according to the following procedure:

1. Collecting data and documents:

Data and documents to be collected include: reports on mineral potential assessment and exploration results stored in accordance with Article 3 of the regulations issued together with Decision No. 04/2018/QĐ-TTg; decisions approving mineral reserves, results of reserve conversion; mining exploration permits, mining exploitation permits, and other related documents concerning areas proposed for mining exploitation permits or areas already granted mining exploitation permits.

2. On-site survey:

The on-site survey shall be conducted to perform the following tasks:

a) Verify the authenticity of location, area, geological works constructed within the area proposed for mining exploitation permit or already granted mining exploitation permit; factors related to construction conditions of geological works;

b) Inspect the current status of mineral exploitation;

c) Upon completion of the survey, the unit determining reimbursement costs shall prepare an on-site survey record, including representatives from organizations or individuals proposing to obtain mining exploitation permits or organizations or individuals already granted mining exploitation permits, and fully reflect the survey results according to the contents specified in points a and b of this clause.

3. The unit determining reimbursement costs shall prepare a Report on the Results of Determining Costs of Mineral Potential Assessment and Exploration Costs to be Reimbursed Due to State Investment (hereinafter collectively referred to as the Report on the Results of Determining Reimbursement Costs).

4. Technical meeting:

a) The unit determining reimbursement costs shall organize a technical meeting with the participation of representatives from the competent authority for verification as stipulated in Clause 9, Article 4 of this Circular to review legal basis, methods for determining reimbursement costs; quantities of various categories of geological works, application of economic-technical norms, unit prices, and mineral reserves;

b) Based on the results of the technical meeting, the unit determining reimbursement costs shall complete the Report on the Results of Determining Reimbursement Costs.

5. Meeting of the Verification Board for the Results of Determining Reimbursement Costs (hereinafter referred to as the Verification Board). The organization of the Verification Board meeting shall be carried out in accordance with Article 4 of this Circular.

6. Submitting the results of determining reimbursement costs to the competent state management agency for approval.

7. Announcing the results of determining reimbursement costs.

6. Submit to the competent state management agency for approval of the determined cost of reimbursement.

7. Notify the result of determining the cost of reimbursement.

Article 4. Reviewing the Results of Determining Compensation Costs

1. The review of the results of determining compensation costs shall be conducted through a Review Board established by the Minister of Natural Resources and Environment, the People's Committee of the province or centrally governed city (hereinafter referred to as the provincial-level People's Committee) in accordance with the provisions of Clauses 2 and 3 of this Article.

2. The Minister of Natural Resources and Environment decides to establish the Review Board for mineral exploitation permit application files within the authority of the Ministry of Natural Resources and Environment. The Review Board shall have no more than eleven members, including:

a) The Chairman of the Review Board is a leader from the Ministry of Natural Resources and Environment;

b) The Vice-Chairman of the Review Board is a leader from the Vietnam General Department of Geology and Minerals;

c) Members of the Review Board include one representative each from the Ministries of Finance and Industry and Trade (or the Ministry of Construction in cases where minerals are construction materials), one representative from the National Mineral Reserve Evaluation Council Office, one representative from units under the Ministry of Natural Resources and Environment: Science and Technology Department, Legal Affairs Department, Planning and Finance Department, two representatives from the Vietnam General Department of Geology and Minerals, one of whom is the Secretary of the Board, and one representative from the provincial-level People's Committee where the minerals are being exploited.

3. The provincial-level People's Committee decides to establish the Review Board for mineral exploitation permit application files or issued mineral exploitation permits within its authority. The Review Board shall have no more than nine members, including:

a) The Chairman of the Review Board is a leader from the provincial-level People's Committee;

b) The Vice-Chairman of the Review Board is a leader from the Provincial Department of Natural Resources and Environment;

c) Members of the Review Board include one representative each from the Departments of Finance and Industry and Trade (or the Department of Construction in cases where minerals are construction materials), one representative from the Provincial Department of Natural Resources and Environment who is the Secretary of the Board, one representative from the provincial tax authority, one representative from the district, town, or city under the province where the minerals are being exploited, and some experts in the field of geology and minerals.

4. Principles of Operation of the Review Board:

a) A formal meeting of the Review Board can only be held when at least two-thirds (2/3) of the members of the Review Board participate directly, including the Chairman or the Vice-Chairman authorized by the Chairman, a representative from the entity determining the compensation costs, and a representative from organizations or individuals using data and information on the assessment of mineral potential and exploration conducted by the state;

b) The Review Board holds meetings to examine and evaluate each Report on the Results of Determining Compensation Costs according to the Regulations promulgated together with Decision No. 04/2018/QĐ-TTg;

c) The Review Board discusses collectively, openly, evaluates, and decides by majority vote; in case of equal opinions, the decision is made by the Chairman of the Review Board;

d) Activities of the Review Board are carried out through the permanent review agency. The responsibilities of the permanent review agency are stipulated in Clauses 9 and 10 of this Article.

5. Responsibilities and Authorities of Review Board Members:

a) Participate in meetings of the Review Board; examine reports on the results of determining compensation costs and related files and documents provided by the permanent review agency; evaluate the results of compensation costs according to Model No. 01 issued together with this Circular;

b) Bear legal responsibility for comments and evaluations made regarding the Reports on the Results of Determining Compensation Costs;

c) Directly dialogue with the entity determining compensation costs during the Review Board meetings; reserve the right to hold different opinions if they differ from the conclusions of the Review Board.

6. Responsibilities and Authorities of the Chairman of the Review Board:

The Chairman of the Review Board fulfills the responsibilities and authorities of Review Board Members stipulated in Clause 5 of this Article and the following provisions:

a) Chair meetings of the Review Board;

b) Handle opinions raised during meetings and conclude the Review Board meetings;

c) Sign the minutes of the Review Board meetings according to Model No. 02 issued together with this Circular; bear responsibility before the competent authority approving the results of determining compensation costs and before the law for conclusions made during the Review Board meetings;

d) Delegate the Vice-Chairman of the Review Board to perform the responsibilities and authorities of the Chairman of the Review Board in his absence.

7. Responsibilities and Authorities of the Vice-Chairman of the Review Board:

The Vice-Chairman of the Review Board fulfills the responsibilities and authorities of Review Board Members stipulated in Clause 5 of this Article and the responsibilities and authorities of the Chairman of the Review Board in cases delegated by the Chairman of the Review Board.

8. Responsibilities and Authorities of the Secretary of the Review Board:

The Secretary of the Review Board fulfills the responsibilities and authorities of Review Board Members stipulated in Clause 5 of this Article and the following provisions:

a) Provide Evaluation Forms according to Model No. 01 issued together with this Circular to members of the Review Board;

b) Report to the Chairman of the Review Board about the participants in the Review Board meetings, the main contents of the files, and the results of determining compensation costs;

c) Record and sign the minutes of the Review Board meetings according to Model No. 02 issued together with this Circular; bear responsibility for the completeness and truthfulness of the content of the Review Board meeting minutes;

d) Perform other tasks serving the activities of the Review Board as required by the permanent review agency or the Chairman of the Review Board.

9. The Vietnam Geological and Mineral Resources General Department shall be the permanent agency to review the results of determining the reclamation costs for applications for mining permits within the jurisdiction of the Ministry of Natural Resources and Environment. The Department of Natural Resources and Environment shall be the permanent agency to review the results of determining the reclamation costs for applications for mining permits or mining licenses already issued within the jurisdiction of the provincial People's Committee.

10. Responsibilities of the permanent reviewing agency:

a) Drafting the decision to establish the Review Board, submitting it to the head of the competent authority as stipulated in Clause 2 and Clause 3 of this Article for consideration and decision;

b) Receiving and examining applications for reviewing the results of determining the reclamation costs or applications for approving the results of determining the reclamation costs submitted by the Unit Determining Reclamation Costs. The application for reviewing or approving the results of determining the reclamation costs includes: the request for review or approval; the report on the results of determining the reclamation costs, drawings, and appendices;

c) Sending invitations to members of the Review Board to attend the Review Board meeting, along with copies of the application for reviewing the results of determining the reclamation costs; inviting representatives of organizations and individuals using data and information on mineral resource potential assessments and state-funded mineral exploration, and representatives of the Unit Determining Reclamation Costs to participate in the meeting;

d) Issuing a document requesting the Unit Determining Reclamation Costs to implement the conclusions of the Review Board;

đ) Drafting the Decision Approving the Results of Determining the Reclamation Costs according to Model No. 03 and Model No. 04 promulgated together with this Circular;

e) Storing the reclamation cost determination files in accordance with the provisions of the law.

11. Responsibilities of the Unit Determining Reclamation Costs:

a) Implementing the provisions of Clauses 1, 2, 3, and Clause 4 of Article 3, Point b, c, d of Clause 1 of Article 4 of this Circular and other relevant legal provisions related to determining reclamation costs;

b) Reporting and explaining to the Review Board about the results of determining the reclamation costs at the meeting;

c) Being responsible before the permanent reviewing agency and the law regarding the results of determining the reclamation costs.

Article 5. Approval and Notification of the Results of Determining Reclamation Costs

1. The Ministry of Natural Resources and Environment, the provincial People's Committee shall consider and approve the results of determining the reclamation costs submitted by the permanent reviewing agency in accordance with Point a of Clause 1 and Point a of Clause 3 of Article 9 of the Regulations promulgated together with Decision No. 04/2018/QĐ-TTg.

2. The permanent reviewing agency shall be responsible for sending the Decision Approving the Results of Determining the Reclamation Costs to organizations and individuals using data and information on state-funded mineral resource potential assessments and exploration.

Article 6. Effectiveness and Implementation

1. This Circular shall take effect from January 8, 2019.

2. Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees, the Director of the Vietnam Geological and Mineral Resources General Department, the Directors of provincial and centrally-run city Departments of Natural Resources and Environment, and related organizations and individuals shall be responsible for implementing this Circular./.