Circular No. 44/2016/TT-BTNMT on the content of construction supervision work for mineral exploration projects

CIRCULAR

Regulations on the content of supervision work for construction of mineral exploration projects

Based on the Minerals LawNo. 60/2010/QH12 dated November 17, 2010;

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

Pursuant to Decree No. 203/2013/NĐ-CP dated November 28, 2013 of the Government stipulating methods of calculation and levels of payment for granting rights to exploit minerals;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."concerning the level of revenue from granting the right to exploit minerals;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013 of the Government stipulating functions, tasks, organization and operational mechanisms;onvề nhiệm vụ và cơ cấu tổ chức của Bộ Tài nguyên và Môi trường;

At the proposal of the General Department of Geology and Minerals of Vietnam and the Legal Affairs Department; organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.proposing the Vietnam Geological and Mineral Resources Administration and the Director of the Department of Legal Affairs;

The Minister of Natural Resources and Environment promulgates this Circular stipulating the content of supervision work for construction of mineral exploration projects.June 2024;drafti approving the Mineral Exploration Project.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular provides detailed regulations on Clause 6, Article 30 of Decree No. 158/2016/NĐ-CP dated November 29, 2016 of the Government stipulating detailed implementation of certain provisions of the Law on Minerals.

2. This Circular applies to state management agencies for minerals; organizations and individuals granted Mineral Exploration Licenses; units, organizations, and individuals related to the supervision of construction of mineral exploration projects (hereinafter referred to collectively as "supervision").

Article 2. Interpretation of Terms

In this Circular, the following terms shall be understood as follows:

1. On-site supervision is a form of supervision conducted at the site during the construction of mineral exploration projects.

2. Indirect supervision is a form of supervision carried out after the completion of construction works of mineral exploration projects based on legal, technical documents, and original materials as prescribed.

Chapter II

CONTENT OF SUPERVISION FOR CONSTRUCTION OF MINERAL EXPLORATION PROJECTS

MINERAL EXPLORATION PROJECT

Article 3. Items and forms of supervision

1. Items of direct supervision work:

a) Construction works: pits, trenches, wells, shafts, drilling (geological drilling, hydrogeological-geotechnical drilling), karotage, pumping, experimental water extraction;

b) Sampling for technological purposes; trial mining benches; sampling within construction works; sample processing (for samples processed on-site).

2. Items of indirect supervision work: results of geodetic work, geological surveying, geophysical surveying, hydrogeological and geotechnical surveying, sampling and analysis of various types of samples (excluding trench samples).

3. Based on the Mineral Exploration Project, the nature, and scale of exploration works, the competent state management agency authorized under Clause 1 and Clause 2, Article 15 of Decree No. 203/2013/NĐ-CP dated November 28, 2013 of the Government stipulating methods of calculation and levels of payment for granting rights to exploit minerals shall determine whether to conduct direct or indirect supervision.

4. The content of supervision shall be implemented in accordance with the provisions of Articles 4 and 5 of this Circular.

Article 4. Content of direct supervision

1. Excavation works (pits, trenches, wells, shafts): briefly describe the progress of construction work at the site; confirm accurately: construction equipment, manpower, location, size of the work, thickness of the ore body (if applicable), volume of work completed. These contents must be fully recorded in the supervision report upon completion of the work according to Model No. 03 issued together with this Circular and the provisions of Clause 7 of this Article.

2. Drilling: briefly describe the progress of drilling construction work at the site; confirm accurately: construction equipment, manpower, location, core sample ratio, volume of work completed, wall and pillar thickness of the ore body. These contents must be fully recorded in the supervision report upon completion of the work according to Model No. 04 issued together with this Circular and the provisions of Clause 7 of this Article.

3. Karotage of drill holes: briefly describe the progress of karotage work at the site; confirm accurately: equipment, manpower, method, volume of work completed. These contents must be fully recorded in the supervision report upon completion of the work according to Model No. 04 issued together with this Circular and the provisions of Clause 7 of this Article.

4. Pumping and experimental water extraction: briefly describe the progress of work execution at the site; confirm accurately: equipment, manpower, time, volume of work completed. These contents must be fully recorded in the supervision report upon completion of the work according to Model No. 04 issued together with this Circular and the provisions of Clause 7 of this Article.

5. Sampling from excavation works, drilling, technological samples, trial mining benches: Trench sampling in excavation works must be supervised on-site; core samples must be supervised where they are cut and sawed; technological samples and large bulk samples must be supervised when taken. Supervision work must determine: location, method, equipment, size, weight of the sample. These contents must be fully recorded in the supervision report upon completion of the work item according to Model No. 05 issued together with this Circular and the provisions of Clause 7 of this Article. In cases where mineral exploration is used for decorative stone, the supervision of trial mining benches must record the recovery rate of finished stone blocks of different sizes.

6. Sample processing (for samples processed on-site): fully record the sequence and process of sample processing; confirm the quantity and weight of samples after processing. These contents must be fully recorded in the supervision report upon completion of the work according to Model No. 05 issued together with this Circular and the provisions of Clause 7 of this Article.

7. The contents of supervision stipulated in Clauses 1, 2, 3, 4, 5, and Clause 6 of this Article must be fully recorded in the supervision logbook according to Model No. 02 issued together with this Circular.

Article 5. Contents of Indirect Supervision

1. Review original documents including:

a) Legal files related to investment decisions, acceptance of works;

b) Construction files related to exploration works; locations of exploration works, core samples, karotage results, logs, photographs, construction drawings, analysis results of various types of samples, various types of maps;

c) Review and evaluate the quantity of exploration works meeting quality standards according to approved exploration plans; the rationality of data collected on-site for each category of exploration work.

2. Comment and assess the quantity and quality of exploration construction, the appropriateness of the construction sequence, and the technical methods of exploration. Confirm the volume and quality of collecting original documents.

Chapter III

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 6. Responsibilities of Organizations and Individuals Granted Exploration Permits for Minerals

1. Fully comply with all legal regulations regarding supervision during the implementation of mineral exploration plans according to the exploration permit issued by competent state management agencies.

2. Agree on supervision contents with the supervising entity before implementing the mineral exploration plan.

3. Provide complete files for the issuance of mineral exploration permits, construction programs, and plans for mineral exploration projects to the supervising entity.

4. Coordinate with the supervising entity to ensure the volume, quality, and progress of implementing the mineral exploration project.

5. Propose to the competent state management agency to consider and handle according to the provisions of this Circular and other relevant laws when the supervising entity does not comply with the provisions of Clause 3, Article 7 of this Circular and other relevant laws.

Article 7. Responsibilities for Implementing Supervision

1. Based on Clause 1 and Clause 2, Article 15 of Decree No. 203/2013/NĐ-CP dated November 28, 2013 of the Government on the method of calculating and the level of payment for granting mineral exploitation rights, the Vietnam Geological and Mineral Resources General Department, and the Provincial Department of Natural Resources and Environment within their authority shall arrange units and individuals with professional expertise, vocational skills, and capabilities in basic geological surveys and mineral exploration to carry out supervision of mineral exploration plans.

2. Develop a supervision plan appropriate to the construction program and plan of the organization or individual granted the mineral exploration permit; prepare a supervision report according to Model No. 06 attached to this Circular.

3. Supervision activities must fully comply with the supervision principles stipulated in Clause 2, Article 30 of Decree No. 158/2016/NĐ-CP dated November 29, 2016 of the Government detailing the implementation of certain provisions of the Law on Minerals.

4. Propose to the competent state management agency to consider and handle according to the provisions of the law in cases where organizations or individuals granted mineral exploration permits violate the content of the mineral exploration permit or fail to comply with technical standards and technical regulations related to mineral exploration activities.

5. The unit or individual conducting supervision shall be responsible under the law for the results of supervision.

Article 8. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from February 10, 2017.

2. The Director-General of the Vietnam Geological and Mineral Resources General Department shall be responsible for guiding, monitoring, and inspecting the implementation of this Circular.

3. Ministries, ministerial-level agencies, provincial People's Committees, centrally governed cities, and related organizations and individuals shall be responsible for implementing this Circular.

4. During the implementation of this Circular, if difficulties or obstacles arise, related organizations and individuals shall promptly reflect them to the Ministry of Natural Resources and Environment for consideration and resolution. / .