CIRCULAR

Regulations on the content of preparation, review, and approval of investment projects for construction, design of construction, and construction cost estimates for mineral mining works

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Construction Law No. 50/2014/QH13 dated June 18, 2014 of the National Assembly of the Socialist Republic of Vietnam;

Pursuant to the Minerals Law No. 60/2010/QH12 dated November 17, 2010 of the National Assembly of the Socialist Republic of Vietnam;

WHEREAS, Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on project management for investment in construction;

Pursuant to Decree No. 32/2015/NĐ-CP dated March 25, 2015 of the Government on management of construction project costs;

At the proposal of the Director of the Heavy Industry Department,

The Minister of Industry and Trade promulgates this Circular prescribing the content of preparation, review, and approval of investment projects for construction, design of construction, and construction cost estimates for mineral mining works.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular prescribes the content of preparation, review, and approval of investment projects for construction, design of construction, and construction cost estimates for mineral mining works (excluding oil and gas fields) regardless of the source of funds used.

Article 2. This Circular applies to organizations and individuals engaged in mineral activities; organizations and individuals providing consulting services and state agencies managing specialized construction works as prescribed by the Construction Law.

Article 3. Investment construction project

Clause 1. The content of preparing the Preliminary Feasibility Study Report for open-pit mining works shall be carried out according to Appendix 1, while for underground mining works it shall be carried out according to Appendix 2 attached hereto.

Clause 2. The content of preparing the Detailed Feasibility Study Report for open-pit mining works shall be carried out according to Appendix 3, while for underground mining works it shall be carried out according to Appendix 4 attached hereto.

Clause 3. The content of preparing the Economic and Technical Investment Construction Report for open-pit mining works shall be carried out according to Appendix 5, while for underground mining works it shall be carried out according to Appendix 6 attached hereto.

Article 4. Design of construction and construction cost estimate

Clause 1. The content of preparing the Technical Design and Construction Cost Estimate for open-pit mining works shall be carried out according to Appendix 7, while for underground mining works it shall be carried out according to Appendix 8 attached hereto.

Clause 2. The content of preparing the Construction Drawing Design and Construction Cost Estimate

Point a. In the case of two-stage design not prepared separately for each component work: The Construction Drawing Design and Construction Cost Estimate for open-pit mining works shall be carried out according to Appendix 9, while for underground mining works it shall be carried out according to Appendix 10 attached hereto.

Point b. In the case of two-stage design prepared separately for each component work and three-stage design: component works or clusters of component works of mineral mines (open-pit or underground) shall be carried out according to Appendix 11 attached hereto.

Article 5. Review of investment construction projects, design of construction, and construction cost estimates

Clause 1. The content of reviewing the Detailed Feasibility Study Report for open-pit mining works shall be carried out according to Appendix 12, while for underground mining works it shall be carried out according to Appendix 13 attached hereto.

Clause 2. The content of reviewing the Economic and Technical Investment Construction Report for open-pit mining works shall be carried out according to Appendix 14, while for underground mining works it shall be carried out according to Appendix 15 attached hereto.

Clause 3. The content of reviewing the Foundation Design for open-pit mining works shall be carried out according to Appendix 16, while for underground mining works it shall be carried out according to Appendix 17 attached hereto.

Clause 4. The content of reviewing the Technical Design and Construction Cost Estimate for open-pit mining works shall be carried out according to Appendix 18, while for underground mining works it shall be carried out according to Appendix 19 attached hereto.

Clause 5. The content of reviewing the Construction Drawing Design and Construction Cost Estimate

Point a. In the case of two-stage design not prepared separately for each component work: For open-pit mining works it shall be carried out according to Appendix 20, while for underground mining works it shall be carried out according to Appendix 21 attached hereto.

Point b. In the case of two-stage design prepared separately for each component work and three-stage design: component works or clusters of component works of mineral mines (open-pit and underground) shall be carried out according to Appendix 22 attached hereto.

Article 5. Approval of investment construction projects, design for construction, and construction cost estimates

1. The content of approval for investment construction projects (excluding the Feasibility Study Report) shall be implemented according to Appendix 23 issued together with this Circular.

2. The content of approval for Technical Design and construction cost estimates shall be implemented according to Appendix 24 issued together with this Circular.

3. The content of approval for Construction Drawing Design and construction cost estimates

a) In the case of two-step design not separately prepared for each component of the project: it shall be implemented according to Appendix 25 issued together with this Circular.

b) In the case of two-step design separately prepared for each component of the project and three-step design: it shall be implemented according to Appendix 26 issued together with this Circular.

Article 6. Preparation, review, and approval of projects, design for construction, and construction cost estimates for other mineral mines

The preparation, review, and approval of projects, design for construction, and construction cost estimates for mineral water mines, natural hot water mines; common building materials mineral mines that do not use explosives and mineral mines exploiting residual resources at closed-down mine waste dumps shall be based on the requirements stipulated in Articles 54, 55, 58, 80, and 83 of the Construction Law No. 50/2014/QH13 dated June 18, 2014, and Articles 12, 27, and 28 of Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government.

Article 7. Documents for requesting review of investment construction projects, design for construction, and construction cost estimates

1. The application letter and the components of the dossier submitted to the competent authority for review as prescribed in Model Nos. 01, 04, and 06 of Appendix II of Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government.

2. The cover page and title frame of drawings for investment construction projects, design for construction, and construction cost estimates as prescribed in Appendix 27 issued together with this Circular.

Article 8. Effective Date

This Circular takes effect from January 25, 2017, and replaces Circular No. 33/2012/TT-BCT dated November 14, 2012, of the Minister of Industry and Trade on the preparation, review, and approval of mine designs and investment construction projects for solid mineral mines./.