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THE
MINISTRY OF INDUSTRY AND TRADE
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
26/2016/TT-BCT
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Hanoi,
November 30, 2016
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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,
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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.
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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;
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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
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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.-
MINISTER OF
INDUSTRY AND TRADE
Tran Tuan Anh
* The appendices to
this Circular are not translated.