|
THE MINISTRY
OF NATURAL RESOURCES AND ENVIRONMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
|
No.16/2012/TT-BTNMT
|
Hanoi,
November 29, 2012
|
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
FOR THE
MINISTER OF NATURAL RESOURCES AND ENVIRONMENT
DEPUTY MINISTER
Nguyen Linh Ngoc
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66