Thông tư 26/2016/TT-BCT

CIRCULAR

PRESCRIBING THE FORMULATION, APPRAISAL AND APPROVAL OF MINERAL MINE CONSTRUCTION INVESTMENT PROJECTS AND CONSTRUCTION DESIGNS AND COST ESTIMATES

Pursuant to the Government’s Decree No. 95/2012/ND-CP of November 12, 2012, defining the functions, duties, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the National Assembly of the Socialist Republic of Vietnam s Construction Law No. 50/2014/QH13 of June 16, 2014;

Pursuant to the National Assembly of the Socialist Republic of Vietnam s Mineral Law No. 60/2010/QH12 of November 17, 2010;

Pursuant to the Government’s Decree No. 59/2015/ND-CP of June 18, 2015, on management of construction investment projects;

Pursuant to the Government’s Decree No. 32/2015/ND-CP of March 25, 2015, on management of work construction investment costs;

At the proposal of the Director of the Heavy Industry Department,

The Minister of Industry and Trade promulgates the Circular prescribing the formulation, appraisal and approval of mineral mine construction investment projects and construction designs and cost estimates.

Article 1. Scope of regulation and subjects of application

1. This Circular prescribes the formulation, appraisal and approval of construction investment projects, construction designs and construction cost estimates of mineral mines (except for oil and gas mines) regardless of funding sources.

2. This Circular applies to organizations and individuals engaged in mining activities; institutional and individual consultants and state management agencies of specialized construction works under the Construction Law.

Article 2. Construction investment projects

1. The formulation of pre-feasibility study reports on construction investment for open- cast mines and pit mines must comply with Appendices 1 and 2 to this Circular, respectively.

2. The formulation of feasibility study reports on construction investment for open-cast mines and pit mines must comply with Appendices 3 and 4 to this Circular, respectively.

3. The formulation of economic-technical reports on construction investment for open- cast mines and pit mines must comply with Appendices 5 and 6 to this Circular, respectively.

Article 3. Construction designs and cost estimates

1. The formulation of construction technical designs and cost estimates of open-cast mines and pit mines must comply with Appendices 7 and 8 to this Circular, respectively.

2. Formulation of construction drawing designs and construction cost estimates

a/ In case the two-step design is not formulated separately for each work item, the construction drawing design and cost estimates of open-cast mines and pit mines must comply with Appendices 9 and 10 to this Circular, respectively;

b/ In case the two-step design is formulated separately for each work item or in case of three-step designing, work items and work item complexes of mineral mines (open-cast mines/pit mines) must comply with Appendix 11 to this Circular.

Article 4. Appraisal of construction investment projects and construction designs and cost estimates

1. The appraisal of feasibility study reports on construction investment for open-cast mines and pit mines must comply with Appendices 12 and 13 to this Circular, respectively.

2. The appraisal of economic-technical reports on construction investment for open-cast mines and pit mines must comply with Appendices 14 and 15 to this Circular, respectively.

3. The appraisal of basic designs of open-cast mines and pit mines must comply with Appendices 16 and 17 to this Circular, respectively.

4. The appraisal of technical designs and construction cost estimates of open-cast mines and pit mines must comply with Appendices 18 and 19 to this Circular, respectively.

5. Appraisal of construction drawing designs and construction cost estimates

a/ In case the two-step design is not formulated separately for each work item, the construction drawing designs and cost estimates of open-cast mines and pit mines must comply with Appendices 20 and 21 to this Circular, respectively;

b/ In case the two-step design is formulated separately for each work item or in case of three-step designing, the work items and work item complexes of mineral mines (open- cast mines and pit mines) must comply with Appendix 22 to this Circular.

Article 5. Approval of construction investment projects and construction designs and cost estimates

1. The approval of construction investment projects (except for pre-feasibility study reports) must comply with Appendix 23 to this Circular.

2. The approval of construction technical designs and cost estimates must comply with Appendix 24 to this Circular.

3. The approval of construction drawing designs and construction cost estimates

a/ In case the two-step design is not formulated separately for each work item, the approval must comply with Appendix 25 to this Circular;

b/ In case the two-step design is formulated separately for each item or in case of three-step designing, the approval must comply with Appendix 26 to this Circular.

Article 6. Formulation, appraisal and approval of projects and construction designs and cost estimates of other mineral mines

The formulation, appraisal and approval of projects and construction designs and cost estimates of mineral water and natural thermal water mines; minerals used as common construction materials in which explosives are not used and salvaged minerals in tailing dumps of mines which have been closed under decisions must comply with the requirements specified in Articles 54, 55, 58, 80 and 83 of June 18, 2014 Construction Law No. 50/2014/QH13, and Articles 12, 27 and 28 of the Government’s Decree No. 59/2015/ND-CP of June 18, 2015.

Article 7. Dossiers of request for appraisal of construction investment projects and construction designs and cost estimates

1. The proposal and components of a dossier for submission to competent authorities for appraisal must comply with Forms 1, 4 and 6, Appendix II to the Government’s Decree No. 59/2015/ND-CP of June 18, 2015.

2. The cover form and name frame of the drawing of a construction investment project and construction design and cost estimates must comply with Appendix 27 to this Circular.

Article 8. Effect

This Circular takes effect on January 25, 2017, and replaces the Minister of Industry and Trade’s Circular No. 33/2012/TT-BCT of November 14, 2012, on formulation, appraisal and approval of mine designs and investment projects to build solid mineral mines.-

* The appendices to this Circular are not translated.