This Circular supplements regulations on confirming the allowable reserves to be included in the mining design in specific cases, ensuring the accuracy and effectiveness of the mineral exploitation permit issuance process.
Scope of application
Organizations and individuals applying for a Mineral Exploitation Permit; competent authorities approving mineral reserves; Vietnam General Department of Geology and Minerals; National Mineral Reserve Evaluation Council.
Key points
- Organizations and individuals applying for a Mineral Exploitation Permit must implement the confirmation of allowable reserves to be included in the mining design according to Article 4a (Article 1).
- Competent authorities approving mineral reserves in the mineral exploration result report have the responsibility to confirm allowable reserves to be included in the mining design simultaneously with the review and approval of reserves (Article 4a, Clause 1).
- In cases where the Mineral Exploitation Permit application dossier falls within the jurisdiction of the Ministry of Natural Resources and Environment, the Vietnam General Department of Geology and Minerals has the responsibility to send the dossier to the National Mineral Reserve Evaluation Council for confirmation of reserves (Article 4a, Clause 2).
- Provincial Departments of Natural Resources and Environment under central cities shall take the lead in examining the Mineral Exploitation Permit application dossier of organizations and individuals to determine allowable reserves to be included in the mining design (Article 4a, Clause 2b).
- The reserves mobilized into the mining design equal the approved reserves in the exploration result report do not need to be confirmed again (Article 4a, Clause 3).
🌐 Social impact of this document
- To ensure the accuracy and effectiveness of the mineral exploitation permit issuance process.
- To strengthen state management over mineral reserves in exploitation activities.
- It may create additional work for relevant specialized agencies involved in confirming reserves.
- Reduce environmental and labor safety risks due to exploitation based on accurate data.
❓ Frequently asked questions
Which agency is responsible for confirming allowable reserves to be included in the mining design?
In cases where the Mineral Exploitation Permit application dossier falls within the jurisdiction of the Ministry of Natural Resources and Environment, the National Mineral Reserve Evaluation Council will carry out this task.
What is the maximum time limit for confirming mineral reserves?
Within twenty working days from the date of receipt of the Mineral Exploitation Permit application dossier, the National Mineral Reserve Evaluation Council must confirm the reserves.
If the reserves mobilized into the mining design equal the approved reserves in the exploration result report, is it necessary to confirm them again?
No, in this case, there is no need to confirm the reserves again.
Which agency takes the lead in examining the Mineral Exploitation Permit application dossier of organizations and individuals to determine the reserves?
Provincial Departments of Natural Resources and Environment under central cities.
When does this Circular take effect?
This Circular takes effect from January 15, 2018.
Full text
CIRCULAR
Supplementing some articles of Circular No. 45/2016/TT-BTNMT dated December 26, 2016
of the Ministry of Natural Resources and Environment on the mineral exploration plan,
closure of mineral mines, and sample reports on mineral activities,
sample documents in the permit issuance 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 a number of provisions of the Law on Minerals;
On the basis of Decision No. 36/2017/NĐ-CP dated April 4, 2017, 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 General of the Vietnam Geological and Mineral Resources Administration and the Head of the Legal Department;
The Minister of Natural Resources and Environment promulgates this Circular supplementing some articles of Circular No. 45/2016/TT-BTNMT dated December 26, 2016 of the Ministry of Natural Resources and Environment on the mineral exploration plan, closure of mineral mines, and sample reports on mineral activities; sample documents in the permit issuance dossier for mineral activities, dossier for approval of mineral reserves; procedures and formalities for closing mineral mines (hereinafter referred to as Circular No. 45/2016/TT-BTNMT).
Article 1. Supplementing Article 4a of Circular No. 45/2016/TT-BTNMT as follows:
"Article 4a. Confirmation of permitted mineral reserves for inclusion in mining design The confirmation of permitted mineral reserves for inclusion in mining design shall be carried out in one of the following forms:
1. Confirmation of mineral reserves shall be conducted concurrently with the process of reviewing and approving mineral reserves in the report on mineral exploration results: The competent authority responsible for reviewing and approving mineral reserves in the report on mineral exploration results shall be responsible for confirming the permitted mineral reserves for inclusion in mining design concurrently with the process of reviewing and approving mineral reserves. The content of the confirmation of mineral reserves shall be implemented according to the provisions of Article 2 of this Circular.
2. Confirmation of mineral reserves shall be conducted concurrently during the review of the application dossier for a Mining License:
a) For the application dossier for a Mining License within the jurisdiction of the Ministry of Natural Resources and Environment: After receiving the application dossier for a Mining License, the Vietnam General Department of Geology and Mineral Resources shall send a letter to the National Mineral Reserve Evaluation Council (through the National Mineral Reserve Evaluation Council Office) along with the application dossier for a Mining License, requesting confirmation of the permitted mineral reserves for inclusion in mining design. Within twenty working days from the date of receipt of the request for confirmation of mineral reserves, the National Mineral Reserve Evaluation Council shall be responsible for confirming in writing to the Vietnam General Department of Geology and Mineral Resources regarding the permitted mineral reserves for inclusion in mining design. The confirmation document of the permitted mineral reserves for inclusion in mining design shall be implemented according to Appendix No. 01 issued together with this Circular.
b) For the application dossier for a Mining License within the jurisdiction of the People's Committees of provinces and centrally-run cities:
The provincial-level Departments of Natural Resources and Environment, in charge and in coordination with relevant agencies, shall examine the application dossier for a Mining License submitted by organizations and individuals to determine the permitted mineral reserves for inclusion in mining design in the content of the Mining License to be submitted to the People's Committee of the province or centrally-run city for consideration and decision on issuing a Mining License.
3. In cases where the mineral reserves mobilized for inclusion in mining design are equal to the approved mineral reserves in the report on mineral exploration results, there is no need to confirm the permitted mineral reserves for inclusion in mining design.
Article 2. Supplement Clause 6 to Article 1 of Model Number 30 attached as Appendix to Circular No. 45/2016/TT-BTNMT as follows: "6. Confirmation of the permissible mineral reserves for inclusion in the mining design:
Class 121: …… tons/cubic meter.
Class 122: …… tons/cubic meter.
Accompanying minerals (if any):
Class 121: …… tons/cubic meter.
Class 122: …… tons/cubic meter".
Article 3. Implementation provisions
1. This Circular takes effect from January 15, 2018.
2. The Vietnam General Department of Geology and Minerals shall be responsible for guiding, inspecting, and monitoring the implementation of this Circular.
3. Ministries, ministerial-level agencies, agencies under the Government, People's Committees at all levels, and related organizations and individuals shall be responsible for implementing this Circular./.
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DEPUTY MINISTER
DEPUTY MINISTER
(Signed)
Nguyen Linh Ngoc
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