Chương III Thông tư 45/2016/TT-BTNMT: Đề án đóng cửa mỏ khoáng sản; Thẩm định, phê duyệt đề án đóng của mỏ khoáng sản; Nghiệm thu thực hiện đề án đóng của mỏ khoáng sản và quyết định đề án đóng của mỏ khoáng sản

Chapter III

MINE CLOSURE PROJECT; APPRAISAL AND APPROVAL FOR MINE CLOSURE PROJECT; CHECK AND ACCEPTANCE OF MINE CLOSURE PROJECT AND DECISION ON MINE CLOSURE

Article 5. Contents of mine closure project

1. A mine closure project includes: Explanatory notes, appendixes and enclosed drawings.

2. The lay-out and contents of chapters and sections of a mine closure project are prepared according to the Template No. 02 stated in the Appendix enclosed herewith.

Article 6. Council for appraisal of mine closure project

1. Pursuant to regulations in Article 82 of the Law on Mineral and Clauses 1, 2 Article 45 of Decree No. 158/2016/ND-CP, Minister of Natural Resources and Environment or the People’s Committee of province or central-affiliated city (hereinafter referred to as Provincial-level People’s Committee) shall decide the establishment of the council for appraisal of mine closure project (hereinafter referred to as the appraisal council) under their competence in accordance with regulations of law.

2. The appraisal council prescribed in Clause 1 of this Article is comprised of at least 09 members, including: Chairperson, Deputy Chairperson, 01 secretary, 02 criticizers and several members who are representatives of supervisory authorities, specialists and scientists in the fields of geology, mineral extraction and environment. To be specific:

a) The appraisal council that is established under decision of Minister of Natural Resources and Environment is comprised of: Chairperson who is the representative leader of Ministry of Natural Resources and Environment, Deputy Chairperson who is the representative leader of General Department of Geology and Minerals of Vietnam, Secretary who is the leader of an affiliate of the General Department of Geology and Minerals of Vietnam and is assigned to appraise the application for mine closure, and council's members who are representatives of relevant functional divisions of the General Department of Geology and Minerals of Vietnam, representatives of Vietnam Environment Administration, representatives of Department of Natural Resources and Environment of the province where the mine to be closed is located and specialists/ scientists in the fields of geology, mineral extraction and environment;

b) The appraisal council that is established under decision of the Provincial-level People’s Committee is comprised of: Chairperson who is the leader of the Provincial-level People’s Committee, Deputy Chairperson who is the representative leader of Provincial Department of Natural Resources and Environment, Secretary who is the leader of a division of the Provincial Department of Natural Resources and Environment and is assigned to appraise the application for mine closure, and council's members who are representatives of relevant functional divisions of the Provincial Department of Natural Resources and Environment, representatives of the Provincial Department of Industry and Trade and the Provincial Department of Construction, representatives of the People’s Committee of District where the mine to be closed is located and several specialists/ scientists in the fields of geology, mineral extraction and environment.

3. The appraisal council shall operate in accordance with the Regulation on operation of the Council for appraisal of mine closure project promulgated by Ministry of Natural Resources and Environment.

Article 7. Procedures for appraisal and grant of approval for the mine closure project

1. The applicant for approval for mine closure shall submit the application to the application-receiving authority (hereinafter referred to as receiving authority) prescribed in Clauses 1, 3 Article 47 of Decree No. 158/2016/ND-CP; the documents required of the application, form and contents of the application are regulated in Article 56 of Decree No. 158/2016/ND-CP and in Article 5 herein.

2. Not later than 03 days as from the receipt of the application, the receiving authority shall verify it. If the application is sufficient and valid, the receiving authority shall give a receipt note to the applicant. In case the application is not sufficient or the application is sufficient but its required documents are not consistent with regulations of law, the receiving authority shall provide the applicant with written instructions on amendment to the application. The application is amended once only.

3. Not later than 10 days as from the date of the receipt note, the receiving authority must get ideas about the application from the council’s members, and invite a representative member of the council to join the on-site inspection (where necessary). In case the issuance of mining license is under the competence of Ministry of Natural Resources and Environment, the application for approval for mine closure also requires the written ideas from the People’s Committee of province where the mine is located.

Not later than 15 days as from the receipt of the written request for consultation from the receiving authority, the consulted entities must reply the receiving authority in writing with ideas about the contents of the mine closure project and relevant matters. Over the said time limit, if the consulted entities do not send written response to the receiving authority, they are considered to have agreed upon the consulted matters.

4. The receiving authority shall, within 05 days from the receipt of written response from consulted entities, prepare and send consolidated report on received ideas to the Chairperson of the appraisal council to organize a council meeting.

The Chairperson of the appraisal council shall, within 07 days from the receipt of report from the receiving authority, decide time of the council meeting. The contents to be appraised of the mineral exploration project shall follow regulations in Clause 3 Article 45 of the Decree No. 158/2016/ND-CP.

5. Not later than 06 days from the ending of the council meeting, the Chairperson of the appraisal council must complete the minutes of the council meeting. If the mine closure project requires further amendment or is not approved, the receiving authority shall give a written notification, enclosed with the minutes of the meeting of the appraisal council, to the applicant to provide explanation thereof.

The time limit for appraising the mine closure project is exclusive of the time for amending or re-making the mine closure project.

6. Submission of the mine closure project for approval:

a) If the mine closure project is approved by the appraisal council, the receiving authority shall, within 08 days from the ending of the council meeting or from the receipt of written amendment to the mine closure project submitted by the applicant (if any), complete and submit the application for approval for mine closure project to the competent authority for considering approval;

b) Within 07 days from the receipt of the statement enclosed with the application for approval for mine closure project, the authority competent to give approval for the mine closure project shall make decision on approval for the project. If the project is not approved, a written response shall be granted to provide explanation;

c) Within 02 days from the receipt of decision on approval for mine closure project, the receiving authority shall inform the applicant to receive application handling results and discharge relevant obligations in accordance with applicable regulations.

Article 8. Time and procedures for check and acceptance of performance of the mine closure project

1. Upon the completion of items and workload under the approved mine closure project, the applicant shall send a written report on the project’s performance results to the receiving authority for considering acceptance.

Time for check and acceptance of performance results of the mine closure project, and promulgation of decision on mine closure shall not exceed 30 days as from the receipt of report on the project’s performance results.

2. Within 15 days from the receipt of report on performance results of the mine closure project, the receiving authority must get written ideas from regulatory authorities in accordance with regulations in Clause 2 Article 20 of the Circular No. 38/2015/TT-BTNMT dated June 30, 2015 of Minister of Natural Resources and Environment on environment remediation and restoration in mineral mining activities and other relevant authorities before carrying out the on-site inspection to verify the performance results of the mine closure project.

Results of on-site inspection of performance of work items included in the mine closure project and completion of environment remediation and restoration work items must be specified in the written record of on-site inspection.

Article 9. Application and procedures for promulgation of decision on mine closure

1. The application for promulgation of decision on mine closure includes:

a) The application form for mine closure which is made by the applicant who is licensed to perform mining activities and enclosed with the mining license;

b) The mine closure project, enclosed with decision on approval for the mine closure project made by the competent authority; report on performance of the mine closure project made by the applicant for approval for mine closure;

c) The written record of on-site inspection; the report on acceptance of mine closure project made by the receiving authority. In case the issuance of mining license is under the competence of Ministry of Natural Resources and Environment, the written ideas given by the People’s Committee of province where the mine is located must be enclosed.

d) The draft of decision on mine closure: In case the mine is closed in order to surrender the mining license or relinquish a part of mining area, mine closure contents must be also specified in the decision on approval for surrender of mining license or for relinquishing part of mining area.

2. Procedures for promulgation of decision on mine closure:

a) Within 05 days from the ending of on-site inspection of performance of mine closure project, the receiving authority complete the application as regulated in Clause 1 of this Article and submit it to the authority that has the power to make decision on mine closure;

b) Within 07 days from the receipt of the application submitted by the receiving authority, the competent authority shall make decision on mine closure. If the application is rejected, the competent authority shall give a written notification and provide explanation;

c) Within 03 days from the receipt of decision on mine closure, the receiving authority shall inform the applicant thereof to receive the application handling results and fulfill other relevant obligations in accordance with regulations.