What are the steps to perform the latest procedures for approval for mine closure project in Vietnam? What is the approval application?
What is the application for approval for mine closure project in Vietnam?
Pursuant to Section 12 of the Administrative Procedures issued with Decision 2901/QD-BTNMT in 2023, it is clearly stated that the latest application for approval for mine closure project includes:
- Original application for approval for mine closure project
- Original mine closure project
- Original map of the current state of the mining area at the time of proposed mine closure
- Original report on the implementation of the environmental improvement and restoration plan up to the time of mine closure.
- Original or certified copy or copy enclosed with the original for comparison or electronic copy certified from the original: plan for environmental renovation and restoration, accompanied by approval decision; Documents proving that the obligations specified in Points a, b, c, dd, e and g have been fulfilled, Clause 2, Article 55 of the 2010 Mineral Law up to the time of request for mine closure, including:
Pay fees for granting mineral mining rights, fees for granting mineral licenses, taxes, fees and perform other financial obligations according to the provisions of law; Ensure the progress of basic mine construction and mining activities determined in the mineral exploitation investment project and mine design; Register the start date of basic mine construction and the start date of exploitation with the state management agency competent to issue licenses and notify the People's Committees at all levels of the locality where the mine is located before implementation; Collect and store information on results of exploration and upgrading of mineral reserves and mineral exploitation; Report mineral exploitation results to competent state management agencies according to regulations of the Ministry of Natural Resources and Environment; Compensate for damage caused by mineral exploitation activities.
What are the steps to perform the latest procedures for approval for mine closure project in Vietnam? What is the approval application? (Image from the Internet)
What are the steps to perform the latest procedures for approval for mine closure project in Vietnam?
Pursuant to Section 12 of the Administrative Procedures issued with Decision 2901/QD-BTNMT in 2023, it clearly states that the latest procedures for approval for mine closure project are carried out as follows:
Step 1. Submit application
Organizations and individuals requesting to close mineral mines submit applications directly or by post to the Office of Receiving and Returning Results of Administrative Procedures of the Ministry of Natural Resources and Environment (hereinafter referred to as One Stop Office), address 10 Ton That Thuyet, Nam Tu Liem, Hanoi or submit online at http://dichvucong.monre.gov.vn.
Step 2. Process application
The agency receiving the dossier checks the documents and documents contained in the dossier. Case:
+ If the application is complete and valid, the agency receiving the application will write an application receipt form.
+ If the application is not complete as prescribed or is complete but not guaranteed to comply with the provisions of law, the agency receiving the dossier shall provide written instructions to the organization or individual requesting the closure of the mineral mine to amend and supplement application. Instructions and additional documents are only done once
Step 3. Appraise application
Based on the results of reviewing the application, the Vietnam Department of Minerals will seek critical comments from members of the Mine Closure Project Appraisal Council and obtain written opinions from the Provincial People's Committee where the mineral mine is located; Invite representatives of Council members to participate in field inspection (in case necessary).
After receiving comments and criticisms, the Vietnam Minerals Department synthesizes comments and prepares a report to report to the Chairman of the Appraisal Council to hold a Council meeting.
At the end of the meeting, the Chairman of the Appraisal Council completes the Minutes of the Council meeting. In case the mine closure project must be supplemented, completed or has not been approved, the receiving agency shall notify in writing the organization or individual requesting the mine closure, clearly stating the reason for supplementing or completing the mine. revised or not yet approved mine closure project, accompanied by the Minutes of the Appraisal Council meeting
The time spent by organizations or individuals adding, completing or re-establishing the mine closure project is not included in the appraisal time.
Step 4. Submit documents and request for approval for mine closure project
Based on the results of appraisal and completion of the dossier, the Vietnam Department of Minerals shall prepare a Proposal and submit the dossier to the Ministry of Natural Resources and Environment for approval for mine closure project.
Step 5. Return results for approval of mine closure project
After receiving the decision for approval for mine closure project, the Vietnam Department of Minerals notifies the organization or individual requesting mine closure to receive results and fulfill relevant obligations according to regulations.
Step 6. Organizations and individuals implementing the approved mine closure project content.
Organizations and individuals carry out mine closure according to the approved mine closure project.
To perform:
- Submit the application directly or by mail to the Office of Receiving and Returning results of administrative procedures of the Ministry of Natural Resources and Environment, address 10 Ton That Thuyet, Nam Tu Liem, Hanoi or submit online at http://dichvucong.monre.gov.vn.
- Return implementation results directly to the application receiving agency or by post or through the online public service system at the request of the organization or individual.
How long does it take for approval for mine closure project in Vietnam?
Pursuant to Section 12 of the Administrative Procedures issued with Decision 2901/QD-BTNMT in 2023, the time for approval for mine closure project is clearly stated as follows:
Processing time: within 48 working days
Step 1: Receive and check documents (within 03 working days)
Step 2: Appraisal of documents (within 28 working days)
+ Within10 working days from the date of receiving the application, the receiving agency is responsible for reviewing the application; Collect comments and criticism from Council members; Invite Council member representatives to participate in field inspection (in case necessary); Collect written opinions from the People's Committee of the province where the mineral mine proposed to close is located;
Within 15 working days from the date of receiving the document requesting opinions from the dossier-receiving agency, the organization or individual sent for opinions is responsible for responding in writing about the project content. mine closure and related issues. After the above time limit, if there is no written response, it will be considered as agreed.
+ Within 05 working days from the date of receiving comments and criticisms from relevant agencies, the agency receiving the dossier synthesizes comments and prepares a report to report to the Chairman of the Association. appraisal council to hold a Council meeting.
+ Within 07 working days from the date of receiving the Proposal from the dossier-receiving agency, the Chairman of the Council decides on the time to hold the Council meeting.
+ Within 06 working days from the end of the meeting, the Chairman of the Appraisal Council completes the Minutes of the Council meeting. In case the mine closure project must be supplemented, completed or has not been approved, the receiving agency shall notify in writing the organization or individual requesting the mine closure, clearly stating the reason for supplementing or completing or not yet approved mine closure project, accompanied by the Minutes of the Appraisal Council meeting.
The time spent by organizations or individuals adding, completing or re-establishing the mine closure project is not included in the appraisal time.
Step 3: Submit and approve the application for approval for mine closure project (no more than 15 working days)
+ In case the mine closure project is approved by the Appraisal Council, within 08 working days from the end of the Council meeting or receiving additional documents, completing the project from the organization or individual. Upon request for mine closure (if any), the receiving agency completes and submits the Application for approval for mine closure project to the competent authority for approval for mine closure project;
+ Within 07 working days from the date of receipt of the Proposal, accompanied by the receiving agency's documents, the competent authority for approval for mine closure project shall issue a decision approving the project; In case of disapproval of the project, there must be a written response clearly stating the reason
Step 4: Notify and return licensing application results (no more than 02 working days)
Within 02 working days from the date of receiving the decision for approval for mine closure project, the dossier-receiving agency shall notify the organization or individual requesting mine closure to receive the results and Perform other related obligations according to regulations.
Time limit for organizations and individuals to implement the approved mine closure project content: Time depends on the approved mine closure project content and is not included in the time to resolve administrative procedures
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