Circular No. 66/2014/TT-BTNMT on procedures for reviewing and approving plans and reports on the results of basic geological surveys related to minerals.

CIRCULAR

Article 24Article stipulates the procedures for reviewing and approving project proposals and reports on the results of basic geological surveys related to minerals.

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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;

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

The Minister of Natural Resources and Environment issues the Circular stipulating the procedures for reviewing and approving project proposals and reports on the results of basic geological surveys related to minerals.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the procedures for reviewing and approving project proposals and reports on the results of basic geological surveys related to minerals as prescribed in Clause 2, Article 22 of the Minerals Law.

2. This Circular applies to state management agencies for minerals; organizations implementing basic geological surveys related to minerals; organizations and individuals participating in investment in basic geological surveys related to minerals, and other organizations and individuals related thereto.

Article 2. Responsibilities for reviewing and approving project proposals and reports on the results of basic geological surveys related to minerals

1. The Ministry of Natural Resources and Environment:

a) Review and submit to the Prime Minister for approval project proposals for basic geological surveys related to minerals assigned by the Government and the Prime Minister; review and approve project proposals and reports on the results of basic geological surveys related to minerals within their approval authority, except those specified in point b, Clause 2 and Clause 3 of this Article.

b) Review and approve project proposals and reports on the results of basic geological surveys related to minerals funded by organizations and individuals.

2. The Vietnam Geological and Mineral Resources Administration:

a) Provide professional comments on project proposals and reports on the results of basic geological surveys related to minerals approved by the Prime Minister and the Minister of Natural Resources and Environment;

b) Review and approve project proposals and reports on the results of basic geological surveys related to minerals according to the分级任务如下：

Units under the Ministry:

Review and approve project proposals and reports on the results of basic geological surveys related to minerals when authorized by the Minister of Natural Resources and Environment.

Chapter II

PROCEDURES FOR REVIEWING AND APPROVING PROJECT PROPOSALS AND REPORTS ON THE RESULTS OF BASIC GEOLOGICAL SURVEYS RELATED TO MINERALS

Section 1

CONTENT OF PROJECT PROPOSALS AND REPORTS ON THE RESULTS OF BASIC GEOLOGICAL SURVEYS RELATED TO MINERALS

Article 3. Content of project proposals for basic geological surveys related to minerals

1. A project proposal for basic geological surveys related to minerals (hereinafter referred to as the project proposal) includes the following main contents:

a) Legal basis for preparing the project proposal;

b) Scope of implementation (geographical location, coordinates, area of survey region);

c) Natural and socio-economic characteristics of the survey region;

d) Geological and mineral data basis for preparing the project proposal;

đ) Objectives, goals, and tasks of the program;

e) System of technical methods and volume of work types;

g) Expected results and products upon completion of the project proposal;

h) Construction plan and implementation schedule;

i) Budget estimate.

2. Depending on specific cases, the project proposal may include other contents but must ensure the contents prescribed in Clause 1 of this Article.

Article 4. Content of reports on the results of basic geological surveys related to minerals

1. A report on the results of basic geological surveys related to minerals (hereinafter referred to as the report) includes the following main contents:

a) Legal basis for preparing the report;

b) Degree of implementation of tasks according to approved projects;

c) Main technical methods applied and their effectiveness; volume of work completed, changes compared to initial design; reasons and legal basis;

d) Results on geology and minerals, level of completion compared to the approved project objectives;

đ) Issues, causes, and recommendations;

e) Summary of costs incurred.

2. Depending on specific cases, the report may include other contents but must ensure the contents prescribed in Clause 1 of this Article.

Section 2

PROCEDURES FOR REVIEWING AND APPROVING PROJECT PROPOSALS FOR BASIC GEOLOGICAL SURVEYS RELATED TO MINERALS

Article 5. Documents for program review submission

1. The dossier shall include:

a) Request for review from the unit tasked with preparing the project proposal;

b) Decision assigning the task of preparing the project proposal by the competent authority;

c) Review file at the grassroots level, including: meeting minutes; comments from relevant organizations and individuals; explanations and responses to feedback from the unit preparing the project proposal;

d) Detailed description of the project proposal; appendices, drawings, and accompanying documents ensuring the contents prescribed in Article 3 of this Circular;

đ) Relevant documents.

2. The files prescribed in Clause 1 of this Article shall be prepared in five copies and submitted to the competent authority as stipulated in Article 2 of this Circular.

Article 6. Content of the project review

1. Content of examination:

a) Legal basis, scientific and practical foundation, reliability of geological and mineral information for preparing the project proposal;

b) Consistency with strategies, plans, and programs for geological surveys and mineral exploration;

c) Feasibility and effectiveness of the proposed system of technical methods and volume of work types aimed at achieving the set goals and tasks; consistency with technical procedures, standards, and economic-technical norms issued by the competent authority;

d) Consistency between the ability to implement the tasks and the expected workload with the technical equipment, human resources, and implementation schedule of the leading unit and cooperating units for the project proposal;

đ) Basis for preparing the budget estimate for implementing the project proposal.

2. The content of the review prescribed in Clause 1 of this Article shall be prepared according to the model prescribed in Appendix 1 and Appendix 2 attached to this Circular.

Article 7. Procedure and Time for Reviewing the Project Proposal

1. The review of the project proposal must be conducted through two levels: basic review and approval review.

2. Basic review shall be carried out by the unit assigned to manage and implement the project proposal. Approval review shall be conducted through a Committee established by the Minister of Natural Resources and Environment or the head of the unit authorized to establish the Committee pursuant to Article 8 of this Circular.

3. The time for approval review shall not exceed sixty working days for project proposals submitted to the Prime Minister for approval; and forty working days for project proposals approved by the Minister of Natural Resources and Environment, counted from the date of receipt of complete valid documents.

4. In cases where the Minister of Natural Resources and Environment delegates authority to approve project proposals, the head of the unit authorized to approve the project proposal shall establish the procedure and time limit for reviewing the project proposal but shall not exceed the time specified in Clause 4 of this Article.

Article 8. Committee for Approval Review of the Project Proposal

1. The Minister of Natural Resources and Environment shall establish the Committee for Reviewing the Project Proposal within the scope of approval authority of the Prime Minister and the Ministry of Natural Resources and Environment. The head of the unit authorized to approve the project proposal shall establish the Committee before approving the project proposal.

2. The maximum membership of the Committee consists of fifteen members including: Chairperson, up to two Vice-Chairpersons, Secretary, specialized experts, and experienced scientists in the field of geology and minerals related to the reviewed project proposal. Members of the implementing unit, authors, and those who submit the project proposal for review shall not participate in the Committee.

3. For complex projects with large volumes of content and involving multiple fields, a Working Group may be established to assist the Committee.

4. Duties, rights, and responsibilities of the Committee for Approval Review:

a) The Committee is responsible for reviewing according to the contents stipulated in Article 6 of this Circular prior to submitting to the competent authority for approval;

b) The Committee has the right to request the implementing unit to provide documents or explain issues related to the reviewed content; to recommend necessary corrections and supplements to improve the project proposal before submission to the competent authority for approval;

c) The Chairperson of the Committee is responsible for reporting to the Minister of Natural Resources and Environment or the head of the unit authorized about the results of the review; and is accountable under the law, to the Minister of Natural Resources and Environment, and the head of the unit for the results of the review;

d) Committee members are responsible to the Chairperson of the Committee and under the law for the content of the review they are assigned.

5. The Committee for Approval Review shall convene when the following conditions are met:

a) Complete documents as prescribed in Article 5 of this Circular;

b) At least two-thirds (two-thirds) of the Committee members are present;

c) For project proposals as stipulated in Clause 1 of Article 2 of this Circular, there must be a professional comment from the Vietnam General Department of Geology and Minerals;

d) For project proposals submitted to the Prime Minister for approval, there must be full opinions of relevant ministries and sectors.

6. The Evaluation Form and Minutes of the Committee shall be established according to the model prescribed in Appendix 3 and Appendix 4 issued together with this Circular.

Article 9. Approval of the project plan

1. Within twenty working days from the date of the Council meeting, the implementing unit shall be responsible for completing and submitting the project plan to the competent authority for approval, except for the projects specified in point b, Clause 3 of this Article.

2. The project plan submitted for approval must meet the following requirements:

a) The project plan has been revised and completed according to the conclusions of the Council and includes all required documents as stipulated in Clause 1, Article 5 of this Circular;

b) The request for approval of the project plan from the implementing unit, accompanied by professional review documents, minutes of the Council meeting, and explanations from the implementing unit regarding the completion and revision of the project plan.

3. Approval of the project plan:

a) The Planning Department receives, reviews, and solicits opinions from relevant Departments on the completed project plan, then submits it to the Minister of Natural Resources and Environment for approval or to the Prime Minister for approval if it falls within the Prime Minister's approval authority. The review and submission period does not exceed seven working days from the date of receipt of the completed project plan;

b) The head of the approving unit, authorized by the Minister of Natural Resources and Environment, approves the project plan within ten working days from the date of the Council meeting;

c) The approval decision is established according to the model prescribed in Appendix 5 issued together with this Circular.

Section 3

PROCEDURES FOR REVIEW AND APPROVAL OF REPORTS ON THE RESULTS OF BASIC GEOLOGICAL INVESTIGATIONS ON MINERALS

Article 10. Documents for review of the report

1. The dossier shall include:

a) Request for review from the implementing unit;

b) Decision on approval or adjustment of the project plan by the competent authority and other related documents;

c) Minutes of acceptance and payment confirmation by the State Treasury;

d) Review documents at the grassroots level: meeting minutes, seminar records; comments from related organizations and individuals; explanations and responses from the report preparation unit;

đ) Report including a narrative of results; appendices, drawings, and other accompanying documents.

2. The documents specified in Clause 1 of this Article shall be prepared in five copies and submitted to the competent authority as prescribed in Article 2 of this Circular.

Article 11. Content of the report review

1. The content of the review of the report includes:

a) Basis and reliability of collected, processed, and compiled materials for preparing the report;

b) Rationality and economic efficiency of applied technical-methods and technologies;

c) Reliability and accuracy of investigation results; conclusions stated in the report;

d) Degree of completion of assigned objectives, tasks, economic-technical indicators, and economic benefits of achieved results;

đ) Structure, form of the report, quantity, and quality of products submitted in accordance with current relevant regulations.

2. The content of the review prescribed in Clause 1 of this Article must be documented in writing according to the models prescribed in Appendices 6 and 7 issued together with this Circular.

Article 12. Procedures and time limits for reviewing the report

1. The procedures for review are carried out according to Articles 7 and 8 of this Circular. The evaluation form and review minutes of the Council are established according to the models prescribed in Appendices 8 and 9 issued together with this Circular.

2. The review and approval period does not exceed forty-five working days for reports submitted to the Prime Minister for approval; thirty-five working days for reports approved by the Minister of Natural Resources and Environment, starting from the date of receipt of complete valid documents.

3. In cases where the report is delegated for approval by the Minister of Natural Resources and Environment, the head of the unit must establish the procedures and time limits for review but must not exceed the time limit prescribed in Clause 2 of this Article.

Article 13. Approval of the report

1. Within thirty working days from the date of the Council meeting, the implementing unit shall be responsible for completing and submitting the report to the competent authority for approval.

2. The report submitted for approval must meet the following requirements:

a) The report has been revised and completed according to the conclusions of the Council and includes all required documents as stipulated in Clause 1, Article 10 of this Circular;

b) The request for approval of the report from the implementing unit, accompanied by professional review documents, minutes of the Council meeting, and explanations from the implementing unit regarding the contents that have been supplemented and revised in the report.

3. Approval of the report:

a) The Planning Department receives, reviews, and solicits opinions from relevant Departments on the completed report, then submits it to the Minister for approval. The review and submission period does not exceed seven working days from the date of receipt of the completed report;

b) The head of the unit approving the report, authorized by the Minister of Natural Resources and Environment, approves the report within ten working days from the date of the Council meeting;

c) The approval decision for the report is established according to the model prescribed in Appendix 10 issued together with this Circular.

Chapter III

IMPLEMENTING PROVISIONS

Article 14. Effective Date

1. This Circular takes effect from February 16, 2015

2. Abolish Chapter III of Circular No. 11/2009/TT-BTNMT dated August 11, 2009, issued by the Minister of Natural Resources and Environment, concerning the acceptance of construction results and review of projects and reports in the field of geology and minerals.

Article 15. Implementation Organization

1. Vietnam Geological Survey, heads of units under the Ministry of Natural Resources and Environment; related organizations and individuals are responsible for implementing this Circular.

2. During implementation, if there are issues with the content of this Circular, organizations and individuals should promptly reflect them to the Ministry of Natural Resources and Environment for examination and appropriate handling./.