Circular No. 45/2016/TT-BTNMT stipulates the project proposal for mineral exploration, closure of mineral mines, and sample reports on mineral operation results, sample documents in the permit application dossier for mineral operations, and the reserve approval dossier; the procedures and formalities for closing mineral mines.

CIRCULAR

Regulations on exploration plan for minerals, closure of mineral mines, and sample reports on mineral activities results; sample documents in the permit application dossier for mineral activities, dossier for approval of mineral reserves; procedures and formalities for closing mineral mines

Pursuant to the Law on Minerals No. 60/2010/QH12 dated November 17, 2010;

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

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Considering the proposal of the Director General of the Vietnam Geological and Mineral Resources Administration and the Head of the Legal Department;

The Ministry of Natural Resources and Environment issues this Circular stipulating the exploration plan for minerals, closure of mineral mines, and sample reports on mineral activities results; sample documents in the permit application dossier for mineral activities, dossier for approval of mineral reserves; procedures and formalities for closing mineral mines.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details Clause 2 Article 39, Clause 2 Article 75 of the Law on Minerals; Clause 5 Article 7, Clause 3 Article 35, Clause 2 Article 45, Clause 4 Article 46, Clause 2 Article 57 of Decree No. 158/2016/NĐ-CP dated November 29, 2016 of the Government detailing certain provisions of the Law on Minerals (hereinafter referred to as Decree No. 158/2016/NĐ-CP).

Article 2. Applicability

1. State management agencies for minerals, for mining and processing industries; state agencies for environmental protection; state agencies for reserve assessment and approval; and other relevant agencies.

2. Organizations and individuals engaged in mineral exploration and extraction; organizations and individuals practicing mineral exploration; organizations and individuals providing consultancy services for mineral exploration plans and mine closure plans.

Chapter II

MINERAL EXPLORATION PLAN

Article 3. Content of the mineral exploration plan

1. The preparation of the mineral exploration plan must be based on the results of basic geological surveys on minerals including: Survey materials, geological materials from previous stages serving as the basis for selecting the area and mineral objects to be explored or survey results, sampling to delineate the area for preparing the mineral exploration plan carried out by organizations and individuals.

2. The mineral exploration plan includes: Explanatory notes, appendices, and technical drawings attached.

3. The mineral exploration plan must include the main contents as prescribed in Clause 1 Article 39 of the Law on Minerals and its structure and content of chapters and sections shall be established according to Model No. 01 of the Appendix issued together with this Circular.

Article 4. Content of the review of the mineral exploration plan

1. The content of the review of the mineral exploration plan includes:

a) Location, coordinates, boundaries, and area of the proposed exploration permit zone;

b) Legal validity and basis of existing geological and mineral data for selecting the area and type of minerals to be explored;

c) Basis for classifying mine groups according to complexity levels; selection of exploration network for estimating reserves; combination of technical methods, volume of various types of works; types of samples analyzed: Sampling method, sample processing, analysis method, number of samples, expected analysis location; method of checking the quality of basic sample analysis;

d) Impact of exploration activities on the environment, labor safety, and measures to address them; work to protect unexploited minerals during exploration;

đ) Estimated reserve criteria; basis for reserve estimation methods; estimated reserves and feasibility of reserve targets;

e) Rationality and feasibility regarding organization of construction, time, progress of exploration works;

g) Accuracy of budget estimates for exploration items in accordance with current regulations.

2. The procedure for reviewing the mineral exploration plan shall be implemented in accordance with Article 59 of Decree No. 158/2016/NĐ-CP.

Chapter III

MINING MINE CLOSURE PLAN; REVIEW AND APPROVAL OF THE MINING MINE CLOSURE PLAN; INSPECTION OF IMPLEMENTATION OF THE MINING MINE CLOSURE PLAN AND DECISION TO CLOSE THE MINING MINE

Article 5. Content of the Mine Closure Project Proposal

1. The mine closure project proposal includes: Description, appendices, and accompanying drawings.

2. The structure and content of chapters and sections of the mine closure project proposal shall be established according to Model No. 02 attached to this Circular.

Article 6. Mine Closure Project Review Board

1. Based on the provisions of Article 82 of the Mineral Law and Clause 1, Clause 2 of Article 45 of Decree No. 158/2016/NĐ-CP, the Minister of Natural Resources and Environment, the People's Committee of provinces and centrally governed cities (hereinafter referred to as the provincial-level People's Committee) decides to establish the Mine Closure Project Review Board (hereinafter referred to as the Review Board) within their respective jurisdiction as prescribed by law.

2. The Review Board established under Clause 1 of this Article shall have at least nine members including: Chairperson, Vice-Chairperson, one secretary member, two opposing members, and some members representing management agencies, experts, and scientists in the fields of geology, mineral extraction, and environment. Specifically as follows:

a) The Review Board established by the Minister of Natural Resources and Environment shall include: The Chairperson is a representative of the leadership of the Ministry of Natural Resources and Environment; the Vice-Chairperson is a representative of the leadership of the Vietnam General Department of Geology and Minerals; the Secretary is a leader of a unit of the Vietnam General Department of Geology and Minerals assigned to organize the review of the mine closure project proposal; the members of the Board are representatives of relevant specialized units of the Vietnam General Department of Geology and Minerals, representatives of the Vietnam General Environmental Administration, representatives of the Provincial Department of Natural Resources and Environment where the proposed closed mine is located, and experts and scientists in the fields of geology, mineral extraction, and environment;

b) The Review Board established by the provincial-level People's Committee shall include: The Chairperson is a representative of the leadership of the provincial-level People's Committee; the Vice-Chairperson is a representative of the leadership of the Provincial Department of Natural Resources and Environment; the Secretary is a leader of a unit of the Provincial Department of Natural Resources and Environment assigned to organize the review of the mine closure project proposal; the members of the Board are representatives of relevant specialized units of the Provincial Department of Natural Resources and Environment, representatives of the Provincial Department of Industry and Trade, representatives of the Provincial Department of Construction, representatives of the District People's Committee where the proposed closed mine is located, and some experts and scientists in the fields of geology, mineral extraction, and environment.

3. The operation of the Review Board shall be carried out in accordance with the Regulation on the Operation of the Mine Closure Project Review Board issued by the Ministry of Natural Resources and Environment.

Article 7. Procedure for Reviewing and Approving the Mine Closure Project Proposal

1. Organizations and individuals proposing to close a mine submit the application dossier to the receiving agency as stipulated in Clause 1 and Clause 3 of Article 47 of Decree No. 158/2016/NĐ-CP, with components, forms, and contents as prescribed in Article 56 of Decree No. 158/2016/NĐ-CP and Article 5 of this Circular.

Within fifteen days from the date of receipt of the request for opinions from the receiving agency, organizations and individuals requested to provide opinions are responsible for responding in writing regarding the content of the mine closure project proposal and related issues. After the deadline, if there is no written response, it will be considered as agreement.

Within seven days from the date of receipt of the report from the receiving agency, the Chairperson of the Review Board shall decide the date to convene the meeting of the Board. The content of the review of the mine closure project proposal shall be carried out in accordance with the provisions of Clause 3 of Article 45 of Decree No. 158/2016/NĐ-CP.

The time taken by organizations and individuals to supplement, perfect, or re-establish the mine closure project proposal shall not be counted towards the review period.

a) In case the mine closure project proposal is approved by the Review Board, within eight days from the end of the Review Board meeting or receipt of the supplemented and perfected project proposal from the organization or individual proposing to close the mine (if applicable), the receiving agency shall complete and submit the approval dossier of the mine closure project proposal to the competent authority for approval of the mine closure project proposal;

b) Within seven days from the date of receipt of the report and dossier from the receiving agency, the competent authority for approving the mine closure project proposal shall issue a decision to approve the project; in case of non-approval, a written response with specific reasons must be provided.

c) Within no more than two days from the date of receiving the decision approving the mine closure project, the agency receiving the application shall notify the organization or individual proposing to close the mine to collect the results and perform other related obligations as prescribed.

1. After completing the works and volumes of work as stipulated in the approved mine closure project, the organization or individual proposing to close the mine shall submit a report on the implementation of the mine closure project to the agency receiving the mine closure application for acceptance.

The time for inspection and acceptance of the results of the implementation of the mine closure project and issuance of the mine closure decision shall not exceed thirty days from the date of receipt of the report on the implementation of the mine closure project.

2. Within no more than fifteen days from the date of receipt of the report on the implementation of the mine closure project, the agency receiving the application shall seek written opinions from competent state agencies as provided for in Clause 2, Article 20 of Circular No. 38/2015/TT-BTNMT dated June 30, 2015 of the Minister of Natural Resources and Environment on environmental remediation during mineral extraction activities and other relevant agencies before organizing on-site inspections to verify the implementation of the mine closure project.

The results of the on-site inspection of the implementation of works in the mine closure project and the completion of environmental remediation works must be reflected in the On-Site Inspection Report.

Article 9. Documents and Procedures for Issuing the Decision to Close the Mine

1. Documents for issuing the decision to close the mine include:

a) The application for closing the mine from the organization or individual permitted to extract minerals, accompanied by a copy of the Mineral Extraction Permit;

b) The mine closure project, along with the decision approving it by the competent state authority; the report on the implementation of the mine closure project by the organization or individual proposing to close the mine;

c) The On-Site Inspection Report; the report on the acceptance of the mine closure project by the agency receiving the application. In cases where the Mineral Extraction Permit is issued by the Ministry of Natural Resources and Environment, it must also be accompanied by the written opinion of the People's Committee of the province where the mine to be closed is located;

d) Draft decision to close the mine: In cases where the mine is closed to return the Mineral Extraction Permit or part of the mining area, the content of the mine closure shall be simultaneously reflected in the decision allowing the return of the Mineral Extraction Permit or part of the mining area.

2. Procedures for issuing the decision to close the mine:

a) Within no more than five days from the end of the on-site inspection of the implementation of the mine closure project, the agency receiving the application shall complete the documents according to Clause 1 of this Article and submit them to the competent authority for issuing the decision to close the mine;

b) Within no more than seven days from the date of receipt of the documents from the agency receiving the application, the competent authority issuing the decision to close the mine, if disagreeing with the issuance of the decision, must provide a written response stating the reasons;

c) Within no more than three days from the date of receipt of the Decision to Close the Mine, the agency receiving the application shall notify the organization or individual proposing to close the mine to collect the results and perform other related obligations as prescribed.

Chapter IV

SAMPLE APPLICATIONS, DRAWINGS, PERMITS, DECISIONS AND REPORTS IN MINERAL ACTIVITIES

Article 10. Model application for permission to conduct mineral activities; registration form for area, capacity, volume, method, equipment and plan for exploitation of construction materials in the project construction area; registration form for volume of sand and gravel recovered during dredging and channel clearance projects.

1. Application for issuance, extension, return of Mineral Exploration Permit; request to return part of the exploration area and request to transfer exploration rights shall be prepared according to Models No. 03 to No. 06 attached to this Circular.

2. Application for issuance, extension, return, adjustment of Mineral Exploitation Permit; request to return part of the exploitation area and request to transfer exploitation rights shall be prepared according to Models No. 07 to No. 11 attached to this Circular.

3. Application for issuance of Mineral Exploitation Permit in areas with construction projects shall be prepared according to Model No. 12 attached to this Circular.

4. Application for issuance, extension, return of Mineral Exploitation Permit for residual mineral exploitation shall be prepared according to Models No. 13 to No. 15 attached to this Circular.

5. Application for recovery of sand and gravel during dredging and channel clearance projects; Registration form for volume of sand and gravel recovered during dredging and channel clearance projects; Registration form for area, capacity, volume, method, equipment and plan for exploitation of construction materials in the project construction area shall be prepared according to Models No. 16 to No. 18 attached to this Circular.

Article 11. Model application for approval of mineral reserves, approval of mine closure plans and request for mine closure.

1. Application for approval of mineral reserves shall be prepared according to Model No. 19 attached to this Circular.

2. Application for approval of mine closure plan (including request for mine closure to return Mineral Exploitation Permit or return part of the exploitation area) shall be prepared according to Model No. 20 attached to this Circular.

3. Application for mine closure (excluding cases where the request is for mine closure to return Mineral Exploitation Permit or return part of the exploitation area) shall be prepared according to Model No. 21 attached to this Circular.

Article 12. Model maps and drawings in the permit application file for mineral activities, mine closure.

1. Map of the area for application for mineral exploration permit, mineral exploitation permit; request for mine closure shall be prepared according to the annexes of the Mineral Exploration Permit, Mineral Exploitation Permit, Decision on Mine Closure issued together with this Circular.

2. Scale of the map of the mineral activity area, the area for mine closure request is specified as follows:

a) For areas with an area of ≥ 5km², the map of the area shall be prepared based on extracts from topographic maps, VN-2000 coordinate system, with a scale not less than 1:100,000;

b) For areas with an area of >2 to <5km², the map of the area shall be prepared based on extracts from topographic maps, VN-2000 coordinate system, with a scale not less than 1:50,000;

c) For areas with an area of 0.5 to <2km², the map of the area shall be prepared based on extracts from topographic maps, VN-2000 coordinate system, with a scale not less than 1:25,000;

d) For areas with an area of <0.5km², the map of the area shall be prepared based on extracts from topographic maps, VN-2000 coordinate system, with a scale not less than 1:10,000 for the map of the exploration area; not less than 1:5,000 for the map of the exploitation area, the map of the mine closure area.

3. Provisions regarding meridian, projection of the drawings in the permit application file for mineral activities, mine closure file; current status map of the mineral exploitation area are as follows:

a) For files within the jurisdiction of the Ministry of Natural Resources and Environment, the drawings in the permit application file for mineral activities, mine closure file; current status map of the mineral exploitation area shall be prepared based on the VN-2000 coordinate system, central meridian, 6-degree projection;

b) For files within the jurisdiction of the Provincial People's Committee, the drawings in the permit application file for mineral activities, mine closure file; current status map of the mineral exploitation area shall be prepared based on the VN-2000 coordinate system, local meridian and projection.

Article 13. Provisions on Mining Exploration Licenses and Mining Exploitation Licenses, including licenses for mining exploitation in areas with construction projects, licenses for residual mineral exploitation; Confirmation of registration of area, capacity, volume, method, equipment, and exploitation plan for ordinary building materials within the project area; Confirmation of registration of sand and gravel recovery volume during dredging and channel clearance project implementation.

1. The number of original copies of Mining Exploration Licenses, Mining Exploitation Licenses in areas with construction projects, Mining Exploitation Licenses for residual minerals shall be issued only three copies, including: one copy retained at the competent authority issuing the license, one copy retained at the agency receiving the application, and one copy sent to the organization or individual permitted to conduct mineral activities. Copies of the license shall be sent to relevant agencies and units for knowledge, management, monitoring, and coordination in management.

2. Mining Exploration Licenses, Mining Exploitation Licenses in areas with construction projects, Mining Exploitation Licenses for residual minerals shall be established according to Model No. 22, Model No. 24, Model No. 26, and Model No. 29; Extended Mining Exploration Licenses, Extended Mining Exploitation Licenses shall be established according to Model No. 23, Model No. 25 attached to this Circular.

3. Permission to transfer exploration rights and mining rights shall be reflected in a new License, containing content consistent with the previously issued License, with the number of original copies issued as stipulated in Clause 1 of this Article and in accordance with related laws on minerals.

4. Permission to amend the content of Mining Exploitation Licenses; returning Mining Exploration Licenses, returning part of the exploration area; returning Mining Exploitation Licenses, returning part of the exploitation area shall be approved by a decision, established according to Model No. 28, Model No. 33, and Model No. 34 attached to this Circular.

5. Confirmation of registration of area, capacity, volume, method, equipment, and exploitation plan for ordinary building materials within the project area; Confirmation of registration of sand and gravel recovery volume during dredging and channel clearance project implementation shall be established according to Model No. 27 of this Circular.

Article 14. Models of decisions in mineral activities

1. Decision approving/recognition of mineral reserves/resources in the report on the results of mineral exploration, approval/recognition of water mineral reserves/resources; report on the results of upgrading mineral reserves in the exploitation area established according to Model No. 30 attached to this Circular.

2. Decision approving the closure plan for mineral mines established according to Model No. 31 attached to this Circular.

3. Decision closing mineral mines (except in cases where the Mining Exploitation License is returned or part of the exploitation area is returned, which is reflected jointly in the decision allowing the return of the Mining Exploitation License or part of the exploitation area) established according to Model No. 32 attached to this Circular.

Article 15. Template for Mineral Resource Activity Result Reports

The Mineral Resource Activity Result Report prescribed in Article 7 of Decree No. 158/2016/NĐ-CP shall be established according to Templates No. 35 to No. 45 attached hereto, specifically as follows:

1. Periodic report on mineral exploration activity results shall be established according to Template No. 35.

2. Periodic report on mineral exploitation activity results shall be established according to Template No. 36.

3. Report on state management situation of mineral resources within the province or centrally governed city shall be established according to Template No. 37.

Summary table of issuance of Exploration License and exploration results of mineral resources within the province or centrally governed city shall be established according to Template No. 37a; summary table of issuance of Exploitation License and exploitation activities of mineral resources within the province or centrally governed city shall be sent along with the report established according to Template No. 37b.

4. Report on state management situation of mineral resources nationwide shall be established according to Template No. 38.

5. Report on mineral exploration results shall be established according to Template No. 39.

6. Report on mineral water exploration results shall be established according to Template No. 40.

7. Report on mine closure project implementation results shall be established according to Template No. 41.

8. Report on mineral exploration activity results and plan for continued exploration (when requesting extension of License) shall be established according to Template No. 42.

9. Report on mineral exploitation activity results and plan for continued exploitation (when requesting extension or adjustment of License) shall be established according to Template No. 43.

Article 16. Templates for other related documents in mineral resource activities

Other related documents in mineral resource activities shall be established according to Templates No. 44 to No. 49 attached hereto, specifically as follows:

1. Field inspection record of mine closure project implementation results shall be established according to Template No. 44.

2. Registration and notification of construction commencement date of mine and exploitation commencement date shall be established according to Template No. 45.

3. Survey and sampling plan to select area for mineral exploration project proposal of organizations and individuals shall be established according to Template No. 46.

6. Notification of provincial People's Committee's approval of survey and sampling plan to select area for mineral exploration project proposal shall be established according to Template No. 47.

Chapter V

IMPLEMENTING PROVISIONS

Article 17. Transitional Provisions

Documents regarding mineral exploration project proposals, mine closure projects, and reports, documents in permit application files for mineral resource activities, and approved mineral reserve files that were received by competent state management agencies before the effective date of Decree No. 158/2016/NĐ-CP dated November 29, 2016 of the Government detailing certain provisions of the Law on Minerals shall continue to be considered and resolved according to the laws at the time of receipt.

Article 18. Effectiveness and Responsibility for Enforcement

1. This Circular takes effect from March 15, 2017.

2. Circular No. 16/2012/TT-BTNMT dated November 29, 2012 of the Minister of Natural Resources and Environment on mineral exploration project proposals, mine closure projects, and reports, documents in permit application files for mineral resource activities, approved mineral reserve files, and mine closure project files shall cease to be effective from the date this Circular takes effect.

3. The Vietnam General Department of Geology and Mineral Resources shall be responsible for guiding, inspecting, and monitoring the implementation of this Circular.

4. Ministries, ministerial-level agencies, government agencies, people's committees at all levels, and related organizations and individuals shall be responsible for implementing this Circular. In the process of implementing this Circular, if there are difficulties or obstacles, it is requested that relevant agencies, organizations, and individuals promptly reflect them to the Ministry of Natural Resources and Environment for research, amendment, and supplementation to ensure appropriateness.

In the process of implementing this Circular, if there are difficulties or obstacles, it is requested that relevant agencies, organizations, and individuals promptly reflect them to the Ministry of Natural Resources and Environment for research, amendment, and supplementation to ensure appropriateness./.