This Circular stipulates the establishment of the closure plan and closure scheme for mineral mines, as well as related sample documents in the mine closure dossier. It applies to different types of minerals and determines the map scale appropriate to the area of exploitation.
Đối tượng áp dụng
Organizations and individuals operating in the field of mineral exploration and mining
Các điểm cốt lõi
- Stipulates the contents and sample plans for closing mineral mines for different types of minerals.
- Determines the appropriate map scale according to the area of exploitation.
- Provides transitional provisions to ensure continuity in administrative procedures.
- Takes effect from the date of issuance and abolishes previous circulars.
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🌐 Tác động xã hội từ văn bản này
- Helps ensure transparency and effectiveness in managing mining activities.
- Improves the legal environment for organizations and individuals involved in this field.
❓ Câu hỏi thường gặp
When does this Circular take effect?
This Circular takes effect from the date of issuance.
When are the old Circulars abolished?
From the date this Circular takes effect, previous Circulars will cease to be effective.
Toàn văn
CIRCULAR
Regulations on the contents of the mine closure project proposal, mine closure plan, and sample documents in the mine closure dossier
___________
Pursuant to the Law on Geology and Minerals dated November 29, 2024;
Pursuant to Decree No. 193/2025/NĐ-CP dated July 2, 2025 of the Government detailing certain provisions and implementation measures of the Law on Geology and Minerals;
Pursuant to Decree No. 35/2025/NĐ-CP dated February 25, 2025 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
At the proposal of the Director of the Vietnam Geological and Mineral Resources Administration;
The Minister of Agriculture and Rural Development issues this Circular regulating the contents of the mine closure project proposal, mine closure plan, and sample documents in the mine closure dossier.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular details certain provisions of the Law on Geology and Minerals, Decree No. 193/2025/NĐ-CP dated July 2, 2025 of the Government detailing certain provisions and implementation measures of the Law on Geology and Minerals, including:
1. Detailed regulations on Clause 5 of Article 82 of the Law on Geology and Minerals.
2. Detailed regulations on Clause 8 of Article 103; Clause 8 of Article 104 of Decree No. 193/2025/NĐ-CP dated July 2, 2025 of the Government detailing certain provisions and implementation measures of the Law on Geology and Minerals.
3. The detailed implementation of the provisions and clauses stipulated in Clauses 1 and 2 of this Article includes the contents regarding the contents of the mine closure project proposal, mine closure plan, and sample documents in the mine closure dossier.
Article 2. Applicability
This Circular applies to state agencies, organizations, communities, households, and individuals related to the contents prescribed in Article 1 of this Circular.
Chapter II
THE MINE CLOSURE PROJECT PROPOSAL AND MINE CLOSURE PLAN
Article 3. Contents of the Mine Closure Project Proposal
1. The mine closure project proposal includes: Explanatory section, appendices, and maps and drawings attached.
2. The explanatory section of the mine closure project proposal includes the following main contents:
a) Legal basis, scientific basis, and practical basis;
b) Purpose of mine closure;
c) Characteristics of the mine closure area;
d) Current status and results of mineral exploitation in the mine closure area;
đ) Volume, items, works, and projects to be implemented;
e) Implementation schedule for mine closure;
g) Budget estimate for implementation;
h) Construction plans for items and projects of the mine closure project proposal.
3. Appendices and attached maps and drawings must be consistent with the contents of the explanatory section of the mine closure project proposal.
Article 4. Contents of the Mine Closure Plan
1. The mine closure plan includes: Explanatory section, appendices, and maps and drawings attached.
2. The explanatory section of the mine closure plan includes the following main contents:
a) Legal basis, scientific basis, and practical basis;
b) Purpose of mine closure;
c) Current status and results of mineral exploitation in the mine closure area;
d) Volume, items, works, and projects to be implemented;
đ) Implementation schedule for mine closure;
e) Budget estimate for implementation;
g) Construction plans for items and projects of the mine closure plan.
3. Appendices and attached maps and drawings must be consistent with the contents of the explanatory section of the mine closure plan.
Article 5. Sample Documents in the Mine Closure Dossier
1. The sample documents requesting approval in the mine closure dossier are carried out as follows:
a) The request for approval of the mine closure project proposal is prepared according to Model No. 01 of the Appendix issued together with this Circular;
b) The request for approval of the mine closure plan, partial closure of the mining area is prepared according to Model No. 02 of the Appendix issued together with this Circular;
c) The request for approval of the adjustment of the mine closure project proposal is prepared according to Model No. 03 of the Appendix issued together with this Circular;
d) The request for mine closure, partial closure of the mining area is prepared according to Model No. 04 of the Appendix issued together with this Circular.
2. The sample mine closure project proposal and plan are carried out as follows:
a) The mine closure project proposal for Group I, Group II, and Group III minerals (excluding natural hot water, natural mineral water; associated gas with natural hot water, natural mineral water; minerals in riverbeds, lakebeds, and marine areas) is prepared according to Model No. 05 of the Appendix issued together with this Circular;
b) The mine closure plan for natural hot water, natural mineral water, and associated gas with natural hot water or natural mineral water is prepared according to Model No. 06 of the Appendix issued together with this Circular;
c) The mine closure plan for minerals in riverbeds, lakebeds, and marine areas is prepared according to Model No. 07 of the Appendix issued together with this Circular;
d) The mine closure plan in cases where part of the mining area is returned is prepared according to Model No. 08 of the Appendix issued together with this Circular.
3. The report on the results of implementing the mine closure project (plan) is prepared according to Model No. 09 of the Appendix issued together with this Circular.
4. The field inspection record and acceptance of the results of implementing the mine closure project (plan) is prepared according to Model No. 10 of the Appendix issued together with this Circular.
5. The decision and approval documents in the mine closure dossier are regulated as follows:
6. Maps and drawings in the mine closure dossier shall be regulated as follows:
a) The map in the plan to close a mineral mine or in the scheme to close a mineral mine, established according to Model No. 19 of the Appendix issued together with this Circular;
b) The map is established on the basis of the national topographic map or extracted from the national topographic map, using the VN-2000 coordinate system, central meridian;
c) The scale of the map and drawing shall not be less than 1:5,000 for areas smaller than 0.5 km², not less than 1:10,000 for areas from 0.5 km² to under 2 km², not less than 1:25,000 for areas from 2 km² to under 5 km², and not less than 1:50,000 for areas of 5 km² or more.
Chapter III
IMPLEMENTING PROVISIONS
Article 6. Transitional provisions
1. Dossiers and templates of documents in the mine closure dossier that have been established according to previous models still have legal effect.
2. Organizations and individuals whose dossier to close a mineral mine has been accepted by competent state agencies for administrative procedures before the date this Circular takes effect and have not yet received a result shall choose to implement the procedures, formalities, and authorities according to the provisions of the law at the time of accepting the dossier or according to the provisions of this Circular.
Article 7. Effective Date
1. This Circular takes effect from the date of issuance.
2. From the date this Circular takes effect, the following Circulars shall cease to be implemented:
a) Circular No. 45/2016/TT-BTNMT dated December 26, 2016, of the Minister of Natural Resources and Environment regarding the Plan for Mineral Exploration, Closure of Mineral Mines, and Sample Reports on Mineral Activities, sample documents in the mineral activity permit dossier, reserve approval dossier; procedures and formalities for closing mineral mines;
b) Circular No. 51/2017/TT-BTNMT dated November 30, 2017, of the Minister of Natural Resources and Environment amending and supplementing some articles of Circular No. 45/2016/TT-BTNMT dated December 26, 2016, regarding the Plan for Mineral Exploration, Closure of Mineral Mines, and Sample Reports on Mineral Activities, sample documents in the mineral activity permit dossier, reserve approval dossier; procedures and formalities for closing mineral mines.
c) Article 1 of Circular No. 19/2023/TT-BTNMT dated November 15, 2023, of the Minister of Natural Resources and Environment amending and abolishing some circulars within the authority to issue of the Minister of Natural Resources and Environment.
Article 8. Responsibilities for Implementation
1. Ministries, ministerial-level agencies, government agencies, and people's committees at all levels shall be responsible for directing the implementation of this Circular.
2. Departments of Agriculture and Environment of provinces and centrally-administered cities shall assist provincial people's committees in implementing this Circular at local level.
3. Relevant organizations and individuals shall be responsible for enforcing this Circular.
4. In the process of implementing this Circular, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly report to the Ministry of Agriculture and Environment for research, amendment, and supplementation to ensure suitability./.
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DEPUTY MINISTER DEPUTY MINISTER (Signed) Tran Quy Kien |
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