Circular No. 24/2025/TT-BCT on the establishment and approval of risk management plans in mineral exploitation

CIRCULAR

Regulations on the establishment and approval of risk management plans

in mineral extraction

On the basis of Law on Geology and Minerals dated November 29, 2024;

Decree No. 40/2025/NĐ-CP February 26, 2025 Government Decree stipulating functions, tasks, authorities, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;Proposal of the Director of the Industrial Safety and Environmental Technology Department;

BThe Minister of Industry and Trade issues this Circular to regulate the establishment and approval of risk management plans in mineral extraction.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies details regarding the establishment, approval authority, timing of approval, documentation, procedures, and processes for approving and submitting risk management plans in mineral extraction.

Article 2. Applicability

This Circular applies to organizations, individuals, and state agencies involved in the establishment and approval of risk management plans for surface mining of Group I minerals; surface mining of Groups II, III, and IV minerals using industrial explosives; and underground mining of Groups I, II, III, and IV minerals within the territory of the Socialist Republic of Vietnam.

Article 3. Explanation of Terms

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

1. Risk in mineral extraction refers to the possibility of encountering latent dangers that may cause accidents, injuries, occupational diseases, property damage, and environmental pollution during the extraction process.

2. Risk management in mineral extraction involves applying technical and managerial measures to ensure all identified risks are determined, analyzed, evaluated, and addressed for all structures, machines, equipment, production lines, technological processes, and throughout all stages of mineral extraction activities.

3. Risk assessment in mineral extraction is the analysis and identification of hazards and harmful factors aimed at proactively preventing accidents during mineral extraction.

4. Risk level assessment is the evaluation of identified hazards based on their likelihood of occurrence and consequences.

5. Emergency response in mineral extraction is a system of predefined activities including preventive actions, responses, and recovery efforts in emergency situations caused by accidents during mineral extraction.

6. Risk management plan in mineral extraction is the development of a system of regulations and procedures to identify potential hazards to prevent, respond to, and mitigate risks that may arise during the mineral extraction process, including safety management reports, risk assessment reports, and emergency response plans.

7. Underground mine works consist of tunnel systems, energy supply systems, water drainage systems, transportation systems, ventilation systems, and other underground facilities serving mineral extraction operations.

8. Open-pit mine works include excavation works within the boundaries of open-pit mines.

Chapter II

ESTABLISHMENT AND APPROVAL OF RISK MANAGEMENT PLANS

IN MINERAL EXTRACTION

Article 4. Establishment of risk management plans

1. Enterprises extracting Group I minerals through surface methods; enterprises extracting Groups II, III, and IV minerals through surface methods using industrial explosives; and enterprises extracting Groups I, II, III, and IV minerals through underground methods must establish risk management plans in mineral extraction according to the contents specified in Appendix I attached to this Circular.

2. Risk management plans in mineral extraction can be integrated or combined with other risk assessments and emergency response plans as required by specialized laws.

Article 5. Authority to Approve Risk Management Plans

1. Enterprises exploiting Group I minerals through open-pit methods; enterprises exploiting Groups II, III, and IV minerals through open-pit methods using industrial explosives shall self-approve risk management plans for mineral exploitation before commencing open-pit mine construction projects; self-approval must be completed by January 1, 2026, for ongoing mineral exploitation projects that are under construction or already operational.

2. Enterprises exploiting Groups I, II, III, and IV minerals through underground mining methods shall prepare risk management plans for mineral exploitation and submit them to the competent authority for approval as follows:

a) For Mineral Exploitation Licenses issued according to Clause 1, Article 108 of the Law on Geology and Minerals, submit to the competent authority specified in Article 10 of this Circular for approval;

b) For Mineral Exploitation Licenses issued according to Clause 2, Article 108 of the Law on Geology and Minerals, submit to the competent authority specified in Article 11 of this Circular for approval.

Article 6. Timeframe for Approving Risk Management Plans Using Underground Mining Methods

The timeframe for approving risk management plans for mineral exploitation projects using underground mining methods is stipulated as follows:

1. For new exploitation projects, approval must be obtained at least seven working days before commencement of work and prior to the use of underground facilities;

2. For exploitation projects currently in the basic construction phase of the mine, approval must be obtained at least seven working days before the facilities are put into use;

3. For exploitation projects that have been operational before July 1, 2025, approval must be obtained by July 1, 2027.

Article 7. Documentation, Procedures, and Formalities for Approving Risk Management Plans in Mineral Exploitation Using Underground Mining Methods

1. The application for approval of the risk management plan includes:

a) A request document according to Model No. 01 of Appendix II attached to this Circular;

b) A risk management plan according to the model in Appendix I attached to this Circular.

2. Enterprises exploiting Groups I, II, III, and IV minerals through underground mining methods shall submit the documents specified in Clause 1 of this Article to the competent authority specified in point a or point b of Clause 2, Article 5 of this Circular via one of the following methods:

a) Direct delivery;

b) Send through postal service;

c) Submitting through the national administrative procedure software system or the competent authority's system;

d) Other methods as prescribed by law.

3. The competent authority is responsible for receiving and reviewing the documents. In cases where the documents are not in compliance, the competent authority must respond in writing within two working days from the date of receipt, specifying the reasons.

4. Within fifteen working days from the date of receipt of a complete set of documents, the competent authority is responsible for reviewing, evaluating, and approving the risk management plan for mineral exploitation using underground mining methods according to Model No. 02 of Appendix II attached to this Circular.

Article 8. Submission of Risk Management Plans

Enterprises exploiting minerals are responsible for submitting approved risk management plans to the People's Committee of the province for monitoring and management within their jurisdiction.

Chapter III

IMPLEMENTATION RESPONSIBILITY

Article 9. Responsibilities of mineral exploitation enterprises

1. Comply with the provisions of this Circular and other relevant laws.

2. Organize the implementation of the contents of the approved risk management plan.

3. Annually update the risk management plan for mineral exploitation and update it when there are changes: safety objectives and policies; organizational structure for safety work; list of machinery, equipment, means, materials, and chemicals; technology and production organization; after labor accidents or technical incidents causing serious occupational safety and health issues; organizational chart, division of responsibilities, reporting system in case of incidents or accidents; emergency contact information and rescue information.

Article 10. Responsibilities of the Bureau of Safety Technology and Industrial Environment

1. Organize the receipt, examination, evaluation, and approval of the application files for the approval of the risk management plan in underground mining methods of enterprises under its jurisdiction.

2. Promote, disseminate, and guide the implementation of regulations on the establishment, approval, and implementation of the risk management plan in mineral exploitation.

3. Inspect, handle violations, and resolve complaints and denunciations within its authority regarding the establishment, approval, and implementation of the risk management plan in mineral exploitation.

Article 11. Responsibilities of the People's Committee of the Province

1. Organize the receipt, examination, evaluation, and approval of the application files for the approval of the risk management plan in underground mining methods of enterprises under its jurisdiction.

2. Promote, disseminate, and guide the implementation of regulations on the establishment, approval, and implementation of the risk management plan in mineral exploitation under its jurisdiction.

3. Inspect, handle violations, and resolve complaints and denunciations within its authority regarding the establishment, approval, and implementation of the risk management plan in mineral exploitation.

Article 12. Implementation Provisions

Article 32. Responsibilities of Agencies

3. Repeal the phrase "mining industry and" in Article 1 of Circular No. 43/2010/TT-BCT dated December 29, 2010, issued by the Minister of Industry and Trade, concerning safety management work in the industry and trade sector.

4. During the implementation process, if there are difficulties or obstacles, agencies, enterprises, organizations, and individuals should report to the Ministry of Industry and Trade (through the Bureau of Safety Technology and Industrial Environment) for guidance and resolution.