|
MINISTRY OF
INDUSTRY |
SOCIALIST REPUBLIC OF VIETNAM Independence
- Freedom - Happiness |
|
No. 1456/QD-DCKS |
Hanoi, 04 september 1997 |
DECISION OF THE MINISTER OF INDUSTRY
on the Promulgation of the "Rules of Closure of
solid Mineral Mines"
THE MINISTER OF INDUSTRY
- Pursuant to Government’s Decree No 74/CP
dated 01 November 1995 on functions, tasks, powers and organisational structure
of the Ministry of Industry;
- Pursuant to the Mineral Law dated 20 March 1996 and
Government’s Decree No 68/CP dated 01 November 1996 detailing and guiding the
implementation of the Mineral Law;
- At the
proposal of the Director General of the Department of Geology and Minerals of
Vietnam,
DECIDES
Article 1. To promulgate in conjunction with this Decision
the "rules of closure of solid mineral mines" for uniform application
in the country.
Article 2. These rules shall take effect from
the signing date .
RULES OF CLOSURE OF SOLID MINERAL MINES
(Promulgated in attachment with Decision No
1456/QD-DCKS dated
04 September 1997 of the Minister of Industry)
Chapter I
GENERAL PROVISIONS
Article 1. These Rules provide for the works that need to be
completed before closing down solid mineral mines with an aim to:
1. Liquidate the mine after the mineral reserve in the mine
has been extracted completely;
2. Protect the mineral reserve which have not been extracted
or not yet completely extracted in the area of the closing mine;
3. Preserve the works, equipment, real assets,
geological and mining data of the area of the closing mine;
4. Ensure safety, restore the environment
and land of the mining area after the mine closure in accordance with the
present laws.
Article 2. Mines that need to be closed down
under the Rules are:
1. Those closed for liquidating partly or
fully the mining area as the mineral reserve has been completely extracted;
2. Mine closure for the purpose of protecting the
mineral reserve that has not been fully extracted in the relinquished mining
area;
3. Mine closure for protection as the
validity of the mining licence is terminated subject to clause 1 of Article 40
of the Mineral Law while the mineral reserve of the mining area has not been
fully extracted.
Article 4. The agency that has the competence to
issue the mining licences for which types of minerals shall be entitled to
approve of the mine closure in relation to those minerals.
Article 5. For the Ministry of Industry, the
agency that is entitled to receive the proposals for mine closure is the
Department of Geology and Minerals of Vietnam.
Article 6. The organisations or individuals
having mining licences must bear all cost of mine closure accordingly to the
closure proposal approved by the licence issuing authority.
Article 7. After the mine closure proposal has
been implemented and appraised in accordance with these Rules, and the land
lease contract has been liquidated, the remaining minerals in the closed mine
must be protected in accordance with the provisions of the laws on untapped
mineral resources.
Chapter II
PRINCIPLES AND PROCEDURES
Article 8. In all cases where the validity of
the mining licence has been terminated subject to as stipulated in Article 40
of the Mineral Law, the mine must be closed for protection or liquidation and
all the obligations stipulated in paragraphs b, c and d of clause 2, Article 40
of the Mineral Law shall be fulfilled .
Article 10. In order to be allowed to close the mine, the
organisation or individual having mineral licence must send to the receiving
agency the following documents:
a. Application for mine closure;
b. Mine closure proposal;
c. Status map of the area of mine closure.
Article 11. The following contents shall be included in the mine closure proposal:
- Brief history of the mine operations;
- The mineral reserves according to the evaluated and
approved report; the exploitation reserves according to the design, the volumes
of the mined mineral, the loss ratio;
- Explanation of the reason for mine closure;
- Work volumes and measures of mine closure, including
the measures for protection of the untapped mineral resources, the necessary
works to ensure the safety after the mine closure, including the waste dumps of
the mine and measures for rehabilitating the related land and environment;
- Recommendations for the protection or rational use of
mining works and mining area after the mine closure;
- Volumes of work and implementation
schedule of the closure proposal and the expected time for completion;
Article 12. Within not more than 20 days from
the date of receiving the mine closure proposal of a domestic organisation or
individual, and not more than 30 days from the date of receiving the mine
closure proposal of a foreign organisation or individual, or an organisation
with a foreign party, the receiving agency must complete the appraisal, site
check, consultations with other related agencies, submit the proposal to the
competent authority for approval or putting forward requirements for the
supplement or amendment of the proposal.
Article 13. Within not more than 15 days from the date of
receiving the report on the completion of the mine closure project, the
proposal receiving agency shall assume the prime responsibility to organise the
final inspection and evaluation of the implementation of the mine closure and
notify in writing the results of final inspection and evaluation to the
relevant agencies of central and local levels.
Article 15. The resumption of mining activities
in the area of the closed mine must follow all the procedures required for
opening a new mine and must be in compliance with the Regulation on
administrative procedures of issuing licences for mineral activities
promulgated in attachment with Decision No 325/QD-DCKS dated 26 February 1997
of the Minister of Industry.
Chapter III
IMPLEMENTING PROVISION
Article 16. The present Rules shall take
effect thirty (30) days after the date of promulgation and shall replace the
Regulation on closure of solid mineral mines promulgated in attachment with
Decision No 828 CNNg/QLTN dated 16 December 1992 of the Ministry of Heavy
Industry. Previously adopted regulations which are inconsistent with these
Rules shall be abrogated.
FORM
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MINISTRY OF INDUSTRY No. QD-DCKS |
SOCIALIST REPUBLIC OF VIETNAM |
|
|
Hanoi, (date)... |
DECISION OF THE MINISTER OF INDUSTRY
on
Approval of Mine Closure Proposal
THE MINISTER OF INDUSTRY
- Pursuant to the Mineral Law dated 20 March 1996 and
Government’s Decree No 68/CP dated 01 November 1996 detailing and guiding the
implementation of the Mineral Law;
- Pursuant to Government's Decree No 74/CP dated 01
November 1995 on the functions, tasks, powers and organisational structure of
the Ministry of Industry;
- Pursuant to the Rules of closure of solid mineral
mines promulgated in attachment with Decision No 1456/qD-Dcks dated 04
September 1997 of the Minister of Industry;
- Considering the proposal of the ………. Committee in the
Minutes of Meeting of the Committee on....… (date) and the opinion of the
People's Committee of …… province (Official Letter No....... dated..……….);
- Upon the proposal of the Director General of the
Department of Geology and Minerals of Vietnam,
DECIDES
I. Implementation
plan...........................................
Article 2. (Name of the organisation or individual)
shall implement the mine closure project in accordance with the main contents
specified in Article 1; comply with the present laws and regulations on labour
safety and environmental protection during the implementation of the mine
closure.
Article 3. The Department of Geology and
Minerals of Vietnam shall co-ordinate with State management agencies at the
central and local levels to guide, direct and approve of the results of the
implementation of this Decision.
MINISTER OF INDUSTRY
Recipients: