Circular No. 26/2023/TT-BTNMT on technical supervision using remote sensing technology for certain contents and items in open-pit mining

 

CIRCULAR

Regulations on Remote Sensing Technology for Monitoring Certain Contents and Items in Open-Pit Mining Operations

Pursuant to the Law on Minerals dated November 17, 2010;

Pursuant to Decree No. 03/2019/NĐ-CP dated January 4, 2019 of the Government on remote sensing activities;

Pursuant to Decree No. 68/2022/NĐ-CP dated September 22, 2022 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 National Remote Sensing Center, the Head of the Science and Technology Department, and the Head of the Legal Affairs Department;

The Minister of Natural Resources and Environment promulgates this Circular on regulations regarding remote sensing technology for monitoring certain contentsand items in open-pit mining operations.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the technical requirements for remote sensing monitoring using remote sensing technology for tracking and supervising the location and area of mineral extraction zones and certain auxiliary works (including waste dumps, tailings ponds, areas planted for environmental restoration) in open-pit mining operations.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to remote sensing monitoring of open-pit mining operations.

Article 3. Mathematical Basis

Coordinate reference system and coordinate system shall be implemented according to Circular No. 973/2001/TT-TCĐC dated June 20, 2001 of the General Department of Land Administration guiding the application of the National Coordinate Reference System and the National Coordinate System VN-2000. Specifically as follows: UTM projection grid, ellipsoid WGS84; zone 3, scale factor k0 = 0.9999 for maps up to scale 1:10,000; zone 6, scale factor k0 = 0.9996 for maps at scale 1:10,000 and smaller.

Article 4. Contents of Work

1. Data collection.

2. Requirements for remote sensing image data.

3. Processing of remote sensing image data.

4. Extraction of information on monitored contents.

5. Compilation of information and data.

6. Analysis, synthesis, determination of location and scope of monitored contents.

7. Preparation of monitoring results report.

Chapter II
TECHNICAL REGULATIONS

Article 5. Data Collection

1. Collected Data

Remote sensing image data; Mineral exploitation permits issued by competent state management authorities (if applicable); Environmental impact assessment reports approved by competent authorities or environmental protection commitments (if applicable); National geographic database; Current land use maps for different periods; Other relevant maps.

2. Technical Requirements

a) Collected data may be in paper or digital form and must ensure legal validity;

b) The national geographic database must ensure accuracy and level of detail meeting monitoring requirements;

c) Maps must ensure compliance with the required scale and year of establishment for monitoring purposes.

Article 6. Requirements for Remote Sensing Image Data

1. Remote sensing image data must meet the requirements set out in Article 7 of Circular No. 10/2015/TT-BTNMT dated March 25, 2015 of the Minister of Natural Resources and Environment on technical requirements for producing high-resolution and ultra-high-resolution optical remote sensing images for provision to users.

2. Remote sensing image data must have spatial and temporal resolution suitable for the requirements of the monitored content and level of detail, specifically as follows:

a) Remote sensing image data with resolution greater than 10 meters: for separating information on monitoring exploitation and related objects at a level of detail equivalent to thematic maps at scales smaller than 1:50,000;

b) High-resolution remote sensing image data from 1 meter to 10 meters: for separating information on monitoring exploitation and related objects at a level of detail equivalent to thematic maps at scales 1:10,000 to 1:50,000;

c) Ultra-high-resolution remote sensing image data below 1 meter: for separating information on monitoring exploitation and related objects at a level of detail equivalent to thematic maps at scales 1:5,000 to 1:10,000;

d) UAV (Unmanned Aerial Vehicle - unmanned aerial vehicle) data: for separating information on monitoring exploitation and related objects at a level of detail equivalent to thematic maps at scales 1:5,000 or larger.

3. In cases where remote sensing image data is obscured by clouds and the time of image capture does not meet monitoring requirements, supplementary remote sensing images should be taken.

Article 7. Processing of Remote Sensing Images Data

Remote sensing images data shall be processed in accordance with the provisions stipulated in Articles 20, 21, 22, 23, and 24 of Circular No. 10/2015/TT-BTNMT dated March 25, 2015, issued by the Minister of Natural Resources and Environment on technical guidelines for producing high-resolution and ultra-high-resolution optical remote sensing images to provide to users.

Article 8. Extraction of Information on Supervision Contents

1. Sampling Spectra and Building Diagnostic Image Samples

a) Sampling spectra: prepare maps, diagrams, and general information about the area to be sampled; identify signs of objects to be sampled within the supervision area; determine sampling locations and delineate sampling areas; each object sample must include training samples and testing samples for classification results, with appropriate sizes and quantities based on supervision needs; sampling points and areas must represent the objects to be monitored throughout the entire area; check data, calculate, analyze, and evaluate sampling results;

b) Building diagnostic image samples: develop plans, prepare maps, diagrams, and general information about the area to be sampled; identify signs of objects to build diagnostic image samples; extract images corresponding to each object sample for diagnosis; describe diagnostic image samples for each object based on their shape, size, color, brightness, structure, location, spatial distribution, and relationship with other objects in the area;

c) Technical requirements: spectral samples and diagnostic image samples for objects must be evenly distributed across the supervision area and have clear images; selected sampling points/areas must fully reflect the characteristics of the type of mineral exploitation site, auxiliary works, and distinctive objects within the area; spectral samples for image classification must ensure mutual separability.

2. Classifying Remote Sensing Images or Directly Interpreting Images to Extract Mining Exploitation Areas and Related Objects

a) Classifying remote sensing images: classify monitored objects and other objects on remote sensing images using the established spectral samples as specified in point a, Clause 1 of this Article; check and evaluate the accuracy of classification results using the established testing samples as specified in point a, Clause 1 of this Article; refine and complete classification results: review, check, and remove unreliable areas; output classification results in a standardized format;

b) Directly interpreting remote sensing images: interpret and delineate signs and ranges of monitored objects on remote sensing images using the established diagnostic image samples as specified in point b, Clause 1 of this Article; refine and complete interpretation results: review, check, and remove unreliable areas; output interpretation results in a standardized format;

c) Technical requirements: monitored objects after being classified or directly interpreted should accurately reflect the characteristics and features of the mining exploitation area and be consistent with supplementary materials.

3. Supplementary Field Investigation

a) Content: design field survey routes; list contents to be investigated on-site; supplementally investigate and map changes in content elements; continue, repair, and complete results; perfect statistical tables, diagrams, and supplementary guiding documents; update supplementary field investigation information;

b) Technical requirements: recheck the positions and ranges of monitored objects in the mining exploitation area on-site. If there are discrepancies compared to the results of indoor work, repeat the steps specified in Clauses 1 and 2 of this Article.

4. Checking and Completing the Extraction of Information Results

Article 9. Editing information, data

1. The classes of information include:

a) The geographic base information class obtained from the national geographic database, including: mathematical basis, topography, hydrology, population, transportation, national borders, administrative boundaries, vegetation cover ensuring accuracy and suitability to the level of detail required for thematic maps at the scale specified in Clause 2, Article 6 of this Circular;

b) The mineral exploitation permit information class collected from mineral exploitation permits;

c) The information class on the location and area of auxiliary works imported from environmental impact assessment reports;

d) The information class on monitoring contents extracted from remote sensing image data.

2. Editing the classes of information, determining the locations and scope of objects under supervision that exceed or violate regulations includes the following tasks: reviewing, processing data issues before consolidation and standardization, and checking data.

3. Technical requirements

a) The geographic base information classes in the database must ensure accuracy according to the requirements and level of detail of the monitoring content and comply with QCVN 42:2020/BTNMT issued together with Circular No. 06/2020/TT-BTNMT dated August 31, 2020, promulgated by the Minister of Natural Resources and Environment regarding National Technical Regulations on Basic Geographic Information Standards;

b) The structure model of the mineral exploitation permit information class as stipulated in Appendix I attached to this Circular;

c) The structure model of the information class on the location and area of auxiliary works as stipulated in Appendix II attached to this Circular;

d) The structure model of the information class on the development of mineral exploitation as stipulated in Appendix III attached to this Circular.

Article 10. Analysis, synthesis, determination of the location and scope of monitoring contents

1. Content

a) Integrating specialized data from related documents;

b) Analyzing and processing the synthesized data, comparing the extraction areas of mineral exploitation from images with the permitted areas to establish the basis for delineating unauthorized or illegal mineral exploitation areas;

c) Analyzing and processing the synthesized data, comparing the extraction areas of auxiliary works from images with the areas determined according to approved environmental impact assessment reports to establish the basis for detecting violations;

d) Calculating the area of unauthorized or illegal mineral exploitation or the area of auxiliary work violations compared to approved environmental impact assessment reports;

đ) Editing and presenting according to detailed technical design;

e) Checking, correcting, and completing the product.

2. Technical Requirements

a) Determining the positions with changes over periods in mineral exploitation and auxiliary works of 1 mm or more in clear areas and 1.5 mm or more in unclear areas based on map scale;

b) Determining the areas with unauthorized or illegal mineral exploitation activities or auxiliary work violations compared to approved environmental impact assessment reports of 1 mm or more in clear areas and 1.5 mm or more in unclear areas based on map scale.

Article 11. Preparing reports on monitoring results

1. Generate tables of data assessing the development of mineral exploitation according to the table specified in Appendix IV attached to this Circular.

2. Prepare monitoring reports on mineral exploitation and related entities using remote sensing technology as prescribed in Appendix V attached to this Circular.

3. Manage, store, preserve, exploit, and utilize remote sensing monitoring results for certain aspects of open-pit mining operations.

a) Remote sensing monitoring results for the contents stipulated in Article 1 of this Circular shall be managed, stored, preserved, exploited, and utilized in accordance with Circular No. 03/2022/TT-BTNMT dated February 28, 2022, issued by the Minister of Natural Resources and Environment regarding technical standards and economic-technical norms for information and data collection, storage, preservation, and provision concerning natural resources and the environment.

b) Remote sensing monitoring results during open-pit mining operations shall be used to support state management activities related to minerals and inspection and supervision work.

Chapter III
IMPLEMENTING PROVISIONS

Article 12. Effective Date

This Circular takes effect from February 15, 2024.

Article 13. Implementation Organization

1. Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities, and relevant organizations and individuals are responsible for implementing this Circular.

2. The Director of the National Remote Sensing Center shall be responsible for organizing the dissemination and inspection of the implementation of this Circular.

3. During the implementation process, if there are difficulties or obstacles, relevant agencies, organizations, and individuals shall promptly reflect them to the Ministry of Natural Resources and Environment for consideration and decision.