Thông tư 16/2012/TT-BTNMT

CIRCULAR

PROVIDING FOR MINERAL EXPLORATION, MINE CLOSURE PROJECTS AND FORMS OF REPORTS ON MINERAL ACTIVITIES, DOCUMENTS IN DOSSIER LICENSING MINERAL ACTIVITIES, DOSSIER APPROVING THE MINERAL RESERVES, DOSSIER OF THE MINERAL MINE CLOSURE

Pursuant to clause 2 Article 39 and clause 2 Article 75 of the Mineral Law No. 60/2010/QH12, of November 17, 2010;

Pursuant to clause 4 Article 7 and clause 2 Article 34 of the Government’s Decree No. 15/2012/ND-CP of March 09, 2012 detailing the implementation of a number of articles of the Mineral Law;

Pursuant to the Government’s Decree No. 25/2008/ND-CP of March 04, 2008 defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment has been amended and supplemented at the Decree No. 19/2010/ND-CP of March 08, 2010 and the Decree No. 89/2010/ND-CP of August 16, 2010;

At the proposal of Director General of Geology and Mineral General Department and the Director of the Legal Affair Department;

The Ministry of Natural Resources and Environment promulgates for this Circular providing for mineral exploration, mine closure projects and forms of reports, documents in dossier licensing mineral activities, dossier approving the mineral reserves, dossier of the mineral mine closure.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular details on appraisal of mineral exploration projects; appraisal and proposal of mineral mine closure projects, takeover of result in implementation of mineral mine closure project and forms of reports, documents in dossier licensing mineral activities, dossier approving the mineral reserves, dossier of the mineral mine closure.

Article 2. Subjects of application

Subjects of application of this Circular include:

1. The mineral state management agencies, state management agencies of mineral processing and mining industry.

2. Organizations doing task on mineral geology basic survey.

3. Organizations, individuals operating mineral exploration, mineral mining, mineral mine closure; organizations, individuals practicing mineral exploration.

Chapter 2.

MINERAL EXPLORATION PROJECTS

Article 3. Content of mineral exploration project

1. Formulation of mineral exploration project must base on survey documents, geological documents of previous periods to do as basis for selection of area and exploration mineral object.

2. A mineral exploration project includes explanatory notes, appendices, and technical drawings.

3. The lay-out, content of chapters, items of a mineral exploration project shall be made in accordance with Form No. 01 of Annex promulgated together with this Circular.

Article 4. Content, order of proposal of mineral exploration project

1. Content of proposal of mineral exploration project

a) Location, coordinates, boundary and area of the mineral exploration zone.

b) Basis of existing geology and mineral documents in order to select area and exploration mineral object;

c) Basis of classification of mine groups under complex degree, selection of network of works to explore and evaluate reserves level, combined technical methods, volume of various works; types of samples for analyzing: Measures of taking, processing, analyzing, number of samples, estimated place for analyzing; method to test quality of analyzing of basic sample;

d) Impact of exploration to the environment, labour safety and handling measures; measures to protect minerals have not yet mined in the course of exploration;

dd) Estimated norms to calculate reserves, basis of reserves calculation method; estimated reserves and feasibility of reserves objective.

e) The rationality and the feasibility of the organization for implementation of works, the schedule and the tempo of implementation;

g) The correctness of budget estimates for exploration items according to current regulations.

2. Order of, procedures for appraisal of mineral exploration project have been prescribed in Article 36 of the Government’s Decree No. 15/2012/ND-CP of March 09, 2012 detailing the implementation of a number of articles of the Mineral Law;

Chapter 3.

MINERAL MINE CLOSURE

Article 5. Content of mineral mine closure project

1. A mineral mine closure project includes explanatory notes, appendices, and attached drawings.

2. The lay-out, content of chapters, items of a mineral mine closure project shall be made in accordance with Form No. 02 of Annex promulgated together with this Circular.

Article 6. Time and order of appraisal, approval of mineral mine closure project

1. Time of appraisal, approval of mineral mine closure project does not exceed 60 (sisty) working days after receiving fully valid dossier.

2. Receipt of mineral mine closure dossier:

a) Organizations, individuals requesting for mineral mine closure submit a dossier to request for approval of mineral mine closure project to the agencies receiving dossier. Content and quantity of the mineral mine closure dossier comply with Article 33 of the Decree No. 15/2012/ND-CP.

b) Within 05 (five) working days after receiving dossier, the receiving agencies shall examine documents in dossier. In case documents in dossier are correct with regulation, the receiving-dossier agencies shall issue a written receipt of dossier.

If a dossier is insufficient documents as prescribed or sufficient but the content of documents in dossier have not yet ensured to be correct as prescribed by law, the receiving-dossier agencies shall guide in writing for applicant of mineral mine closure for supplementation and completion of dossier.

3. Appraisal of mineral mine closure project

a) Within 28 (twenty eight) working days after issuing a written receipt of dossier, the receiving-dossier agencies must complete: Consideration of dossier; organizing inspection on the field; consulting comments, critical opinions of experts on the mineral mine closure project.

Within 15 (fifteen) working days after receiving the written consulting of the receiving-dossier agencies, organizations, individuals consulted shall reply in writing for relevant problems.

b) Within 05 (five) working days after receiving comments, critical opinions of experts, the receiving-dossier agencies shall summarize consulted opinions to make a report and submit it to the Minister of Natural Resources and Environment or provincial People’s Committees.

c) Within 10 (ten) working days, after issuing decision on establishment of the appraisal Council for mineral mine closure project, the chairperson of council must hold a meeting of Council;

d) Within 03 (three) working days, after ending meeting of the appraisal Council, the receiving agencies shall complete record of meeting of the appraisal Council. If it is required to supplement, adjust for completion of project or re-make mineral mine closure project, the receiving agencies shall send a written notice clearly stating reason of not approving the project or project’s contents which have to supplement, complete, enclosed with a copy of record of meeting of the appraisal council.

Time for applicant of mineral mine closure to supplement, complete or re-make project shall not be calculated in time of appraisal;

e) Content of appraisal of the mineral mine closure project complies with clause 2 Article 26 of the Decree No. 15/2012/ND-CP.

4. Approval of mineral mine closure project:

a) If a mineral mine closure project is approved, within 05 (five) working days, after completing record of meeting of appraisal council, the receiving agency shall complete and submit dossier of approval of mineral mine closure project to competent agency for approval of mine closure project;

b) Within 07 (seven) working days, after receiving dossier of the receiving agency, the agency competent to approval of mineral mine closure project shall decide on approval of mineral mine closure project;

c) Within 02 (two) working days, after receiving decide on approval of mineral mine closure project, the receiving-dossier agency shall notify to applicant of mineral mine closure in order to receive result and implement relevant obligations as prescribed.

Article 7. The takeover of result of implementation of the mineral mine closure project and decision on mineral mine closure

1. The takeover of result of implementation of the mineral mine closure project:

a) Applicant of mineral mine closure, after finishing items and volume of mine closure work according to the project which has been approved by competent state agency, shall have written report on result of implementation of project and send it to the agency receiving dossier of mineral mine closure;

b) Within 10 (ten) working days after receiving report on result of implementation of the mineral mine closure project of organizations, individuals, the agencies receiving dossier of mineral mine closure shall assume the prime responsibility for, and coordinate with relevant agencies to inspect on the scene and takeover result of implementation of mine closure project.

Results of inspection on the scene and takeover are presented in writing.

2. Decision on mineral mine closure:

a) Within 05 (five) working days, after ending takeover of result of implementation of mine closure project, the receiving-dossier agency shall complete dossier and submit it to agency competent to licensing of mineral operation for the approval of mineral mine closure project; Dossier of submission for approval of mineral mine closure project includes:

- Application for mineral mine closure of organization or individual being allowed to mine mineral enclosed with copy of mineral mining permit;

- A mineral mine closure project enclosed with an approval decision of competent state agency: Report on result of implementation of the mineral mine closure project of applicant;

- Record of examination on the scene and result of takeover of the mineral mine closure project of the receiving-dossier agency;

- A draft of decision on mineral mine closure.

b) Within 07 (seven) working days, after receiving dossier of the receiving agency, the competent agency shall issue a decision on mineral mine closure;

c) Within 02 (two) working days, after receiving decision on mineral mine closure from the competent agency, the receiving-dossier agency shall notify to applicant of mineral mine closure in order to receive result and implement relevant obligations as prescribed.

Chapter 4.

FORMS OF APPLICATIONS, DRAWINGS, LICENSES, DECISIONS AND REPORTS IN MINERAL ACTIVITIES

Article 8. Application forms for mineral operation permit

1. Applications for issuance, extension and surrender of mineral exploration licences, or for relinquishing part of the mineral exploration area shall be made in accordance with the Forms from No. 03 to No. 05 of Annex promulgated together with this Circular; application for the transfer of mineral exploration right shall be made in accordance with the Form No. 06 of Annex promulgated together with this Circular.

2. Applications for issuance, extension and surrender of mineral mining licences, or for relinquishing part of the mineral mining area shall be made in accordance with the Forms from No. 07 to No. 09 of Annex promulgated together with this Circular; application for the transfer of mineral mining right shall be made in accordance with the Form No. 10 of Annex promulgated together with this Circular.

3. Applications for issuance, extension and surrender of mineral salvage mining licences shall be made in accordance with the Forms No. 12 and No. 13 of Annex promulgated together with this Circular.

Article 9. Application forms for approval of mineral reserves, mineral mine closure project.

1. Application forms for approval of mineral reserves shall be made in accordance with the Form No. 14 of Annex promulgated together with this Circular.

2. Application for mineral mine closure, closing part of the mineral mining area shall be made in accordance with the Forms No. 15 of Annex promulgated together with this Circular.

Article 10. Form of drawings in dossier licensing for mineral operation, mineral mine closure; status map of mineral mining area

1. Maps of area being applied for licensing mineral exploration, mineral mining, mineral mine closure shall be made in accordance with Annex of forms of mineral exploration license, mineral mining license, decision on mineral mine closure promulgated together with this Circular.

The rate of maps of area being applied for licenses of mineral activities, mineral mine closure shall be implemented as follows:

a) For zones with area of 10 km² or larger, maps of area being applied for licenses shall be made on the background of the map extracted from the VN-2000 coordinate topographic map, have rates not smaller than 1: 50,000.

b) For zones with area of between 5 and smaller than 10 km², maps of area being applied for licenses shall be made on the background of the map extracted from the VN-2000 coordinate topographic map, have rates not smaller than 1: 25,000.

c) For zones with area of between 1 and smaller than 5 km², maps of area being applied for licenses shall be made on the background of the map extracted from the VN-2000 coordinate topographic map, have rates not smaller than 1: 10,000.

d) For zones with area of smaller than 1 km2, maps of area being applied for licenses shall be made on the background of the map extracted from the VN-2000 coordinate topographic map, have rates not smaller than 1: 5,000.

2. Status map of mineral mining area shall be made in accordance with the Form No. 16 of Annex promulgated together with this Circular.

Status map of mineral mining area must be updated regularly during mining, made on the background of the map extracted from the VN-2000 coordinate topographic map, have rates not smaller than 1: 5,000, showing in details the mining works in boundary of area licensed for mineral activities.

3. Provisions on meridians, projection zone of drawings in dossier of licenses for mineral operation, mineral mine closure; status map of mineral mining area as follows:

a) For dossiers subject to the licensing competence of the Ministry of Natural Resources and Environment, drawings in dossiers of licenses for mineral activities, mineral mine closure; status map of mineral mining area shall be made in accordance with the Vietnam-2000 corodinates, central axle meridians, projection of 6 degree.

b) For dossiers subject to the licensing competence of the provincial People’s Committees, drawings in dossiers of licenses for mineral activities, mineral mine closure; status map of mineral mining area shall be made in accordance with the Vietnam-2000 corodinates, local axle meridians and projection zone.

Article 11. Forms of licenses, decisions in mineral activities

1. Licenses of mineral exploration, minning, salvage mining shall be made in accordance with the Forms from No. 17 to No. 21 of Annex promulgated together with this Circular.

2. Decision on approval of mineral reserves in report of result of mineral exploration shall be made in accordance with Form No. 22 of Annex promulgated together with this Circular.

3. Decision on approval of mineral mine closure project shall be made in accordance with the Form No. 23 of Annex promulgated together with this Circular.

4. Decision on mineral mine closure shall be made in accordance with the Form No. 24 of Annex promulgated together with this Circular.

5. Extension of licenses of mineral exploration, minning, salvage mining; of allowing to transfer right of mineral exploration, mining shall be presented by new licenses with content in consistent with licenses granted and relevant regulations of law on mineral.

6. Allowing to return of mineral exploration license, relinquish part of mineral exploration area, return of mineral mining license, relinquish part of mineral mining area shall be accepted by decisions, being made in accordance with the Forms No. 24 and No. 25 of Annex promulgated together with this Circular.

Article 12. Forms of report on result of mineral activities

Report on result of mineral activities specified in Article 7 of the Decree No. 15/2012/ND-CP shall be made in accordance with Form No. 22 of Annex promulgated together with this Circular.

1. Report on mineral exploration activities shall be made in accordance with Form No. 27.

2. Report on mineral mining activities shall be made in accordance with Form No. 28.

3. Report on mineral state management situation and mineral activities within scope of central-affiliated cities and provinces shall be made in accordance with Forms No. 29, No. 30 and No. 31.

4. Report on mineral state management situation and mineral activities within nationwide shall be made in accordance with Form No. 32.

5. Report on result of mineral exploration shall be made in accordance with Form No. 33.

6. Report on result of mineral water exploration shall be made in accordance with Form No. 34.

7. Report on result of implementation of the mineral mine closure project shall be made in accordance with Form No. 35.

Article 13. Receipt slip forms of dossier of mineral activities, mineral mine closure

Forms of appointment slip, dossier receipt slip for settlement of mineral activity dossiers shall be made in accordance with Forms No. 36 and No. 37 of Annex promulgated together with this Circular.

Chapter 5.

ORGANIZATION OF IMPLEMENTATION

Article 14. Effect

This Circular takes effect on January 15, 2013.

The Circular No. 01/2006/TT-BTNMT of January 23, 2006 of the Ministry of Natural Resources and Environment guiding the implementation of some of the provisions of the Government’s Decree 160/2005/ND-CP dated 27 December 2005 detailing and guiding implementation of the mineral Law and the Law on amendment and supplement of some articles of the mineral Law; the Decision No. 1456/QD-DCKS dated 04 September 1997 of the Minister of Industry on promulgating “Regulation on solid mineral mine closure” shall cease to be effective on the effective date of this Circular.

Article 15. Implementation provision

In the course of implementation, requesting Ministries, sectors, provincial-level People’s Committees, relevant organizations,individuals to report any arising problems to the the Ministry of Natural Resources and Environment for research, conformable amendment and supplementation.