Circular No. 52/2014/TT-BTNMT on classification of reserves and issuance of mineral water and natural hot water resources

CIRCULAR

Regulations on classification of reserves and

allocation of mineral water resources, natural hot water

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

Pursuant to Decree No. 15/2012/NĐ-CP dated March 9, 2012 of the Government detailing the implementation of 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 General Director of the Vietnam Geological and Mineral Resources Administration, the Head of the National Mineral Reserve Evaluation Council Office, and the Department of Legal Affairs;

The Minister of Natural Resources and Environment issues this Circular to regulate the classification of reserves and allocation of mineral water resources and natural hot water.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the classification of reserves, allocation of mineral water resources and natural hot water, and the determination of mineral water sources and natural hot water sources during exploration and evaluation of mineral reserves.

Article 2. Applicability

This Circular applies to state management agencies for minerals; organizations and individuals conducting mineral exploration and mining; organizations practicing mineral exploration, and other organizations and individuals related to mineral exploration activities.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Natural mineral water source is underground natural water formed and stored within a geological structure with favorable geological and hydrogeological characteristics for the formation, accumulation, and movement of water; it has a stable composition of minerals and chemical, physical, microbiological properties, and original purity over time, meeting Vietnamese technical standards or foreign standards permitted for application in Vietnam.

2. Underground natural hot water source is underground natural water formed and stored within a geological structure with favorable geological and hydrogeological characteristics for the formation, accumulation, and movement of water; it has a temperature of 30°C or higher, meeting Vietnamese technical standards or foreign standards permitted for application in Vietnam.

3. Total mineralization is the total amount of dissolved mineral substances (ions, molecules, compounds) in water, excluding gases.

Determination of total mineralization according to the weight of dried residue is abbreviated as TDS, which is the weight of substances remaining after distilling and drying one liter of water at a temperature of 105°C - 110°C.

4. Reserves of mineral water, natural hot water are portions of mineral water that have been detailed explored to ensure the certainty of their existence conditions, stability of flow rate and quality over time, and the relationship between mineral water and groundwater.

5. Estimated mineral water resources, natural hot water resources are portions of mineral water that have been preliminarily explored and surveyed for exploitation and utilization to serve human life.

6. Mineral water deposit, natural mineral water deposit are parts (strata, patches, areas, or aquifers) containing mineral water distributed under the ground with sufficient quantity and quality to be reasonably used in the national economy.

7. Hydrological year is the period calculated from the beginning of the rainy season of the previous year to the end of the dry season of the following year. A hydrological year is counted from May 1 of the previous year to May 1 of the following year.

Article 4. Names of mineral water sources and natural hot water sources

1. Mineral water sources and natural hot water sources are named based on their chemical composition (total mineralization, concentration of chemical elements, temperature, chemical compounds), and may also be named based on the administrative location where these water sources are located.

2. In cases where mineral water sources and natural hot water sources have two (02) or more chemical composition concentration indices, they are named in accordance with the order specified in the Appendix attached to this Circular. For example: a natural mineral water source with total mineralization ≥ 1500 mg/l and bromine concentration ≥ 5 mg/l is called highly mineralized, bromine natural mineral water.

Article 5. Classification of mineral water and natural hot water deposits based on exploration results

1. The basis for classifying groups of mineral water and natural hot water deposits based on exploration results includes:

a) The complexity of geological structure and hydrogeological conditions;

b) The degree of uniformity of permeability of the rock formations containing water and the degree of change in hydrogeological or geothermal characteristics of the aquifers;

c) Characteristics of the water conveyance system and the formation of mineral water reserves.

2. Mineral water and natural hot water deposits are divided into three (03) groups, including:

a) Simple deposit group (referred to as Group I);

b) Complex deposit group (referred to as Group II);

c) Very complex deposit group (referred to as Group III).

3. Criteria for determining Group I deposits:

a) Deposits in underground water basins under pressure;

b) Simple hydrogeological conditions;

c) Aquifers lying stably with maintained thickness and uniform permeability;

d) No mixing of mineral water and natural hot water with non-mineral water sources;

đ) Factors such as total mineralization, chemical element content (trace elements), temperature, or chemical compounds accumulated and formed the source of water, with the main exploitable reserve being elastic static or natural dynamic reserves.

4. Criteria for determining Group II deposits:

a) Part of deposits in underground water basins under pressure, intrusion water deposits, fracture-matrix type deposits in geological structures related to deep tectonic destruction systems, as well as deposits in weathered crusts of crystalline and metamorphic rocks with relatively uniform permeability;

b) Complex hydrogeological conditions;

c) Aquifers cut by fault systems;

d) The boundary between mineral water and natural hot water sources and non-mineral water sources has a complex shape on maps and cross-sections of exploration areas. During exploitation, there may be infiltration of non-mineral water into the mineral water and natural hot water collection facilities;

đ) Factors such as total mineralization, chemical element content (trace elements), temperature, or chemical compounds accumulated and formed the source of water, with the exploitable reserve possibly being natural dynamic and elastic static reserves.

5. Criteria for determining Group III deposits:

a) Fracture-matrix type deposits in geological structures and in crystalline and metamorphic rock blocks associated with the distribution of shallow fault systems, intrusion water deposits in near-surface underground water layers, as well as deposits in weathered crusts of metamorphic and crystalline rocks with strong directional permeability;

b) Very complex hydrogeological conditions;

c) Mineral water and natural hot water distributed locally within fault zones, often very heterogeneous in space, or in rocks with non-uniform permeability and characterized by very limited distribution;

d) Hydrogeological or geothermal boundaries may change during exploitation; for small deposits, this phenomenon may occur even during testing. During exploitation, there may be infiltration of non-mineral water into the mineral water and natural hot water collection facilities;

đ) Factors such as total mineralization, chemical element content (trace elements), temperature, or chemical compounds accumulated and formed the source of water, with the main exploitable reserve being natural dynamic reserves.

Article 6. Protection of mineral water and natural hot water sources during exploration activities

1. Organizations and individuals exploring mineral water and natural hot water shall be responsible for establishing a protective zone around the water source during the implementation of the exploration project.

2. The protective zone for mineral water and natural hot water sources is divided into two sanitary protection areas (strictly protected area and ecological protection area):

a) The strictly protected area is established right at the location where the water emerges, specifically within the range of drilling holes or exploration wells. The strictly protected area's range must not be less than five meters (05m) from the mouth of the drilling hole or exploration well.

b) The ecological protection area is adjacent to the strictly protected area. The ecological protection area's range must not be less than ten meters (10m) from the outer edge of the strictly protected area.

3. Organizations and individuals exploring mineral water and natural hot water must develop plans or measures to protect the water source within the protective zone; they must construct permanent or semi-permanent structures to protect the water source in the strictly protected area.

Chapter II

CLASSIFICATION OF RESERVES AND ESTIMATED RESOURCES

MINERAL WATER AND NATURAL HOT WATER

Article 7. Classification of reserves and estimated resources

1. Basis for classification of reserves and estimated resources:

a) Geological structure, hydrogeological and geothermal conditions of the deposit;

b) Water quality;

c) Exploitation conditions including: exploitation system, stability of flow rate and water level in drilling holes, corrosion, salt deposition, and continuity in water extraction.

2. Estimated mineral water and natural hot water reserves and resources are classified as follows:

a) Reserve categories include: Class A exploitable reserves, Class B exploration reserves;

b) Estimated resource categories include: Class C estimated resources₁, Class C estimated resources₂.

3. The basis for evaluating Class A exploitable reserves is the result of extracting mineral water and natural hot water, which has confirmed the position, geological structure, and lithological composition of the rock containing the water, changes in these factors over area and cross-sections, and the permeability of the rock.

4. The basis for evaluating Class B exploration reserves is the result of exploring mineral water and natural hot water, which has confirmed the position, geological structure, and lithological composition of the rock containing the water, permeability of the rock, and supply conditions of the aquifer.

5. The basis for evaluating Class C estimated resources₁ is the result of exploring mineral water and natural hot water or basic geological surveys on minerals, which have relatively confirmed the position, geological structure, and lithological composition of the rock containing the water, permeability of the rock, and supply conditions of the aquifer or adjacent to areas with Class B reserves.

6. The basis for evaluating Class C estimated resources₂ is the result of basic geological surveys on minerals, determined through experiments in the aquifer at individual points, or similar to areas that have been explored.

Article 8. Evaluation of Class A exploitable reserves

1. Requirements for geological and hydrogeological evaluation:

a) Clearly determine the geological structure of the aquifer layer, distribution and thickness of impermeable layers, and the hydrogeological role of fault zones;

b) Determine the pressure value of the aquifer layers; supply conditions of the aquifer and recovery capacity of the exploitable reserves;

c) Determine the boundaries of the aquifer layers, locations of water reservoirs and surface flows, hydraulic relationship between them and the mineral water, hot water; distribution of the drainage area of mineral water, hot water on maps and cross-sections, including the supply area in simple deposits;

d) Determine the relationship between the aquifer layer and upper and lower layers; hydraulic relationship between mineral water, hot water and other aquifer waters and surface water;

đ) Conduct minimum five (05) years of hydrological monitoring;

e) Identify the sources of exploitable reserves and quantitatively evaluate those sources.

2. Requirements for water quality evaluation.

Water quality must be sampled and analyzed accurately and comprehensively for all chemical, physical, biological, and radioactive indicators; analysis results must clearly confirm stable water quality within permissible limits over time; maximum deviation of physical, chemical, biological, and radioactive indicators is ten percent (10%) compared to the average value of three initial analysis samples during the exploration phase, which have been checked and controlled by competent state management agencies for these indicators.

3. Requirements for reserve evaluation:

a) Class A exploitable reserves are calculated and determined within the scope of exploitation works and based on the actual total flow rate of exploitation drilling holes;

b) Class A exploitable reserves are determined by the lowest daily flow rate of water emergence points according to monitoring data over multiple years (minimum five (05) years), if exploitation is done through self-flowing facilities or the average flow rate of the same channels.

Article 9. Evaluation of Class B Exploration Reserves

1. Requirements for geological and hydrogeological evaluation:

a) The geological structure of the mineral water-bearing layer has been identified;

b) The hydraulic relationship between mineral water, natural hot water, and water in other layers and surface water has been determined;

c) The source of formation of the exploitable reserves of mineral water and natural hot water has been approximately determined;

d) Hydrological monitoring of water dynamics for at least one (01) hydrological year.

2. Requirements for Water Quality Assessment:

a) Water quality must be sampled and analyzed accurately and comprehensively for all chemical, physical, biological, and radioactive indicators; analysis and assessment results must clearly determine that water quality remains stable within permissible limits over time; maximum deviation of indices for physical, chemical, biological, and radioactive components from the average value of three initial analytical samples during the exploration phase, which have been inspected and controlled by competent state management agencies, is twenty percent (20%);

b) Before, during, and after each experimental water extraction; comprehensive samples including source water, trace element, chemical, microbiological, physical, and radioactive samples must be taken and analyzed for both experimental water extraction and experimental exploitation water extraction.

3. Requirements for Reserve Assessment.

a) Exploitable reserves of mineral water and natural hot water are typically evaluated using hydraulic methods. For Group I mines, a combined hydraulic and hydrodynamic method is used;

b) Class B exploration reserves are calculated and determined based on the actual flow rate of individual drill holes (for single water collection structures) or the total flow rate of groups of drill holes (for group water collection structures);

In cases where simultaneous testing is conducted through experimental water extraction or experimental exploitation water extraction achieving stable hydrodynamic, hydrometric, gas, and temperature conditions, continuous testing for Group I mines lasts a minimum of three (03) months, for Group II mines a minimum of six (06) months, and for Group III mines a minimum of twelve (12) months;

c) For mineral water and natural hot water naturally flowing out on the ground, Class B exploration reserves are calculated and determined based on the minimum daily flow rate of water points during a one (01) year monitoring cycle. If exploitation is carried out through self-flowing structures, calculation and determination are based on the average flow rate of these water points.

Article 10. Preliminary Resource Assessment of Class C₁

1. Requirements for geological and hydrogeological evaluation:

a) A preliminary identification of the geological structure of the mineral water-bearing layer and the hydraulic relationship between mineral water, natural hot water, and water in other layers and surface water;

b) Sources of water formation are preliminarily determined based on comprehensive geological and hydrogeological data or similar to currently operating or explored mines.

2. Requirements for Water Quality Assessment:

a) Water quality must be sampled and analyzed relatively accurately and comprehensively for all chemical, physical, biological, and radioactive indicators to determine the principle usability of mineral water and natural hot water according to requirements and objectives;

b) The potential change in water quality during exploitation is preliminarily assessed based on the analysis of comprehensive geological and hydrogeological conditions;

c) Comprehensive samples including source water, trace element, chemical, biochemical, physical, and radioactive samples must be taken and analyzed after each experimental water extraction to determine water quality.

3. Requirements for Preliminary Resource Assessment:

a) Extrapolate twice the actual flow rate values of test drill holes for Group I mines, taking into account the allowable reduction in water level. The extrapolation limit is justified based on stable water quality throughout the exploitation calculation period;

b) Actual flow rates of individual test drill holes or the total flow rate of interfering groups of drill holes are determined through experimental water extraction under stable hydrodynamic, hydrometric, gas, and temperature conditions for a minimum of one (01) month for Group II mines and a minimum of three (03) months for Group III mines;

c) Actual flow rates of exploration drill holes not meeting the conditions for Class B reserves classification;

d) Minimum flow rates of water points are determined based on periodic measurements during the dry season with water quality ensuring compliance with requirements throughout the rainy season.

Article 11. Preliminary Assessment of Estimated Resources at Class C₂

1. Requirements for geological and hydrogeological evaluation:

a) Preliminary assessment of hydraulic relationships between mineral water, natural hot water with other aquifers and surface water;

b) Sources of water formation are preliminarily evaluated based on geological and hydrogeological investigation data, or similar to already explored mines.

2. Requirements for water quality evaluation.

Water quality must be sampled and analyzed in a preliminary manner for all chemical, physical, biological, and radioactive parameters, and determined through individual samples from the aquifer layer or similar areas that have been explored and assessed.

3. Requirements for Preliminary Resource Assessment:

a) Estimated resources are calculated and determined within the scope of favorable geological formations and rock complexes that have been investigated;

b) Estimated resources at Class C₂ are determined by the actual flow rate of a single test well or the total flow rate of a group of short-term pumping wells under stable dynamic conditions, corresponding to all mine groups according to their complexity as follows:

Extrapolation within two (02) or three (03) times the actual flow rate corresponding to Mine Group I and Mine Group II at test wells;

Calculated flow rates of planned wells adjacent to areas with operational water extraction facilities or explored areas for Mine Group I;

c) Estimated resources at Class C₂ by the actual flow rate of exploration wells not meeting Class C conditions₁;

d) Estimated resources at Class C₂ by the minimum natural flow rate of identified water outcrops measured non-periodically.

Article 12. Permitted Exploitable Reserves of Mineral Water and Natural Hot Water

The exploitable reserves of natural mineral water and hot water permitted by the Mining License are the Class A exploitable reserves or Class B exploration reserves.

Chapter III

EFFECTIVE DATE AND IMPLEMENTATION

Article 13. Effective Date

This Circular takes effect from October 27, 2014.

Article 14. Transitional Provisions

Organizations and individuals granted Exploration Licenses and Mining Licenses for mineral water and natural hot water before this Circular takes effect may continue operations until the expiration date specified in the License.

Article 15. Implementation Organization

1. The Vietnam General Department of Geology and Minerals, the Office of the National Mineral Reserve Evaluation Council shall be responsible for guiding and supervising the implementation of this Circular.

2. During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly report to the Ministry of Natural Resources and Environment for research and resolution./.