Circular No. 53/2013/TT-BTNMT stipulates the organization and operation of the Mineral Exploration Project Appraisal Board

CIRCULAR

Regulations on the organization and operation of Hthe Appraisal Council

for mineral exploration projects 

Pursuant to the Law Kmineral sNo. 60/2010/QH12 dated November 17, 2010;

Pursuant to DecreeNo. Decree No. 15/2012/NĐ-CP dated March 9, 2012 of the Government detailing the implementation of certain provisions of the Law on 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."Pursuant to Decree No. 21/20.

of the Ministry of Natural Resources and Environment;13/NĐ-CP dated March 4, 2013 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;onGeneral Department of Political Affairs; organization Director of the Vietnam Geological and Mineral Resources General Department and Head of the Legal Department;

At the proposal of the General Department of Geology and Minerals of Vietnam and the Legal Affairs Department; trThe Minister of Natural Resources and Environment issues this Circular regulating

the organization and operation of the Appraisal Council for mineral exploration projects. organization Article 1. This Circular stipulates the organization and operation of the Appraisal Council for mineral exploration projects as prescribed in Clause 3, Article 36 of Decree No. 15/2012/NĐ-CP dated March 9, 2012 of the Government detailing the implementation of certain provisions of the Law on Minerals.on Article 2. The scope of application of this Circular includes: state management agencies authorized to issue mineral exploration permits as provided for in Article 82 of the Law on Minerals and organizations and individuals related to mineral exploration activities.

Article 1. Scope of Regulation and Applicability

Article 3. The Appraisal Council for mineral exploration projects

1. The Appraisal Council for mineral exploration projects (hereinafter referred to as the Council) is an advisory body tasked with reviewing and assessing the legality and technical content of mineral exploration projects.

2. The Minister of Natural Resources and Environment decides to establish the Appraisal Council for mineral exploration projects within the authority to issue permits of the Ministry of Natural Resources and Environment based on personnel proposals from the Vietnam Geological and Mineral Resources General Department.

The People's Committee of provinces and centrally governed cities (hereinafter referred to as the Provincial People's Committee) decides to establish the Appraisal Council for mineral exploration projects within the authority to issue permits of the Provincial People's Committee based on personnel proposals from the Department of Natural Resources and Environment.

3. The Permanent Office of the Council

a) The Vietnam Geological and Mineral Resources General Department is the Permanent Office of the Council for the Appraisal Council for mineral exploration projects within the authority to issue permits of the Ministry of Natural Resources and Environment;

b) The Department of Natural Resources and Environment is the Permanent Office of the Council for the Appraisal Council for mineral exploration projects within the authority to issue permits of the Provincial People's Committee.

Article 4. Composition and membership of the Council

1. The Council consists of officials, civil servants, leaders responsible for state management of minerals, and experts with specialized knowledge in the field of mineral exploration.

The Council comprises a Chairman, Vice-Chairman, and members.

For mineral exploration projects within the authority to issue permits of the Ministry of Natural Resources and Environment: the Chairman of the Council is one leader of the Ministry of Natural Resources and Environment; the Vice-Chairman of the Council is the Director-General of the Vietnam Geological and Mineral Resources General Department.

For mineral exploration projects within the authority to issue permits of the Provincial People's Committee: the Chairman of the Council is one leader of the Provincial People's Committee; the Vice-Chairman of the Council is one leader of the Department of Natural Resources and Environment.

2. The number and composition of Council members are decided by the head of the agency authorized to issue mineral exploration permits, but the Council must have at least three members with deep expertise and experience related to mineral exploration. The minimum number of Council members is nine for the Appraisal Council for mineral exploration projects within the authority to issue permits of the Ministry of Natural Resources and Environment and seven for the Appraisal Council for mineral exploration projects within the authority to issue permits of the Provincial People's Committee.

3. In cases where necessary, the Chairman of the Council may invite some experts with high qualifications and experience in the field of mineral exploration to provide advice.

2. The number and composition of Council members shall be decided by the head of the authority issuing exploration permits for minerals, but the Council must include at least three members with advanced expertise and experience related to mineral exploration. The minimum number of Council members is nine for the Council reviewing exploration project proposals within the jurisdiction of the Ministry of Natural Resources and Environment, and seven for the Council reviewing exploration project proposals within the jurisdiction of the provincial People's Committee.

3. In cases where necessary, the Chairman of the Council may invite a certain number of experts with relevant expertise and experience in the field of mineral exploration to provide consultation.

Article 4. Responsibilities and Authorities of the Chairman of the Council

In addition to the responsibilities and authorities of the Council member stipulated in Clause 1 and Clause 2 of Article 5 of this Circular, the Chairman of the Council shall have the following responsibilities and authorities:

1. Deciding to convene meetings of the Council.

2. Chairing meetings of the Council in accordance with the procedures prescribed in this Circular.

3. Delegating authority to the Vice-Chairman of the Council to perform the duties and authorities of the Chairman of the Council in cases where the Chairman cannot attend Council meetings.

4. Handling opinions discussed at Council meetings and concluding Council meetings.

5. Being responsible for the activities of the Council.

Article 5. Responsibilities and Authorities of the Vice-Chairman of the Council and Council Members

1. Responsibilities:

a) Participating in Council meetings. In case they are unable to attend Council meetings, Council members must notify the Chairman of the Council or the Standing Office of the Council at least one working day before the meeting takes place;

b) Studying files and documents related to mineral exploration projects;

c) Reviewing and evaluating the content of mineral exploration projects and being responsible for their comments and evaluations before the Council;

d) Participating in other activities related to mineral exploration projects when requested by the Council.

2. Authorities:

a) Requesting the Standing Office of the Council to provide information, documents, data, and issues related to mineral exploration projects for research and to serve the purpose of reviewing and evaluating the projects;

b) Engaging in direct dialogue with parties involved at Council meetings; retaining their differing opinions from the Chairman's conclusions in the minutes.

3. In addition to the responsibilities and authorities of Council members stipulated in Clause 1 and Clause 2 of this Article, the Vice-Chairman of the Council also has the responsibilities and authorities of the Chairman of the Council during Council meetings when authorized by the Chairman of the Council in the absence of the Chairman of the Council.

Article 6. Responsibilities of the Standing Office of the Council

1. Organizing inspections and evaluations of the legality and technical quality of mineral exploration project proposals submitted by organizations and individuals through application files for mineral exploration permits.

2. Preparing lists and inviting experts to review and critique mineral exploration project proposals, including at least two reviews and critiques by Council members for each project proposal. Providing files and documents and creating conditions for Council members and experts to study.

3. Organizing technical conferences to examine and evaluate the content and technical design of complex or controversial mineral exploration project proposals.

The participants in technical conferences are invited by the Head of the Standing Office of the Council, including experienced experts in the field of mineral exploration and experts participating in the review and critique of mineral exploration project proposals.

4. Preparing necessary conditions for Council members to participate in on-site inspections upon request of the Chairman of the Council.

5. Proposing the organization of Council meetings and reporting to the Chairman of the Council on issues related to meetings. Announcing, transferring documents, and inviting Council members, guests, project sponsors, and project leaders to participate in Council meetings after the meeting schedule has been approved by the Chairman of the Council.

6. Inspecting and evaluating project proposals after revisions and supplements according to the Chairman's conclusions and related documents to complete the procedures for issuing mineral exploration permits.

7. Preparing budgets, settling accounts for Council activity expenses in accordance with regulations.

8. Storing and managing files and documents of Council meetings.

Article 7. Principles and working regime of the Council

1. The Council operates on the principle of collective discussion and direct deliberation; comments and evaluations are made in writing; dissenting opinions are preserved.

2. Members of the Council work on a part-time basis.

3. Sessions of the Council are decided by the Chairman of the Council.

Article 8. Conditions for convening a session of the Council

1. Presence of the Chairman of the Council or the Vice-Chairman authorized by the Chairman to chair the session in the absence of the Chairman.

2. Presence of at least two-thirds (2/3) of the members of the Council, including at least one member representing the opposing view, but the comments and evaluations of the absent opposing member must be available.

3. A mineral exploration project proposal established in accordance with Circular No. 16/2012/TT-BTNMT dated November 29, 2012 of the Minister of Natural Resources and Environment regarding mineral exploration project proposals, mine closure, and sample reports on mineral activities, sample documents in mineral activity permit files, reserve approval files, mine closure files; mineral exploration permit application files that comply fully with the provisions of the Mineral Law; comments from the opposing member.

4. Representatives of the authoring body of the project proposal and representatives of organizations and individuals conducting mineral exploration must participate.

Article 9. Procedure and content of the Council's session

1. Approval of the agenda and participants in the session.

2. Representatives of the authoring body present the content of the mineral exploration project proposal.

3. Representatives of the Council's Permanent Office present a summary report on the results of checking and evaluating the mineral exploration project proposal and the opinions of the opposing experts. In necessary cases, the Chairman of the Council may request the opposing experts to provide additional comments and evaluations.

4. Members of the Council and other participants in the Council's session raise issues requiring clarification, which the representatives of the authoring body and the investor must answer.

5. Members of the Council and other participants in the session conduct discussions. If necessary, following the discussion, the Council may hold a separate meeting to reach a consensus on the conclusions of the Council's session.

6. Members of the Council record their comments and evaluations on the form.

7. The Chairman of the Council announces the Council's conclusions.

8. Representatives of the investor make statements.

9. The Chairman of the Council declares the end of the session.

Article 10. Content of the evaluation and comments on the project proposal and the Council's evaluation form

1. The evaluation and comments on the project proposal by the opposing expert include the following contents: Evaluation of legal grounds, subject minerals for exploration; geological data basis for selecting exploration area (survey results, collection, synthesis of materials), rationality of mine group division, selection of exploration network; design of technical methods and exploration volume; basis for selecting indicators, calculation methods, and forecasted reserve results; rationality and feasibility of project implementation organization, environmental protection, and mineral resource management; evaluation of financial estimation basis and exploration cost results (according to the model specified in Appendix 1 attached to this Circular).

2. The evaluation form of the Council member includes the following contents: assessment of the legality of the proposal, assessment of the geological data basis for selecting exploration area, network, and exploration methods; design of exploration methods and volume; forecast reserve calculation results; rationality and feasibility of project implementation organization and project cost estimation (according to the model specified in Appendix 2 attached to this Circular).

Article 11. Conclusion of the Council

1. The conclusion of the Council must clearly state the strengths and weaknesses of the mineral exploration project; the contents that need to be supplemented and revised; the conclusion on approving the project, approving the project but requiring revisions and supplements, or not approving the project.

2. The conclusion of the Council only has validity when it is agreed upon by at least two-thirds (2/3) of the total number of Council members attending the meeting.

3. In case the Council concludes that the project is not approved, the Standing Office of the Council shall be responsible for notifying the Council's conclusion and returning the exploration project file to the organization or individual holding the mineral exploration permit application.

Article 12. Documents of the Council Meeting

1. Minutes of the Council meeting (signed with full name of the Council Chairman and the person recording the minutes).

2. Summary report on the review of the mineral exploration project.

3. Comments and evaluations by the project review experts.

4. Evaluation forms of the Council members attending the meeting.

5. Other related documents concerning the mineral exploration project.

Article 13. Operating Expenses of the Council

The operating expenses of the Council are drawn from the revenue from fees for issuing mining operation permits and other sources according to current regulations. The expenditure standards for the Council's activities are implemented in accordance with relevant laws.

Article 14. Effective Date

This Circular takes effect from February 15, 2014.

Article 15. Implementation Provisions

During implementation, if there are difficulties or obstacles, relevant organizations and individuals are requested to promptly report to the Ministry of Natural Resources and Environment for research and appropriate amendments and supplements./.