Can soil and rocks be minerals used as filling materials in Vietnam? What are requirements for researching the quality of soil and rock mines for filling materials in Vietnam?

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Question date: 01/12/2023

Can soil and rocks be minerals used as filling materials in Vietnam? What are requirements for researching the quality of soil and rock mines for filling materials in Vietnam? 

My business wants to use soil and rocks to level ponds, but these soil and rocks are minerals, can they be used as filling materials? What issues are required in researching the quality of soil and rock mines used as filling materials?

    • Can soil and rocks be minerals used as filling materials in Vietnam?

      Pursuant to Clause 2, Article 2 of Circular 01/2016/TT-BTNMT, the explanation for Soil and rock used as backfilling material is as follows:

      Soil and rocks used as filling materials are minerals used as common construction materials when they fully meet the regulations in Clause 1, Article 64 of the Mineral Law.

      According to Article 64 of the Mineral Law 2010, exploit minerals as common construction materials

      1. Minerals used as common construction materials include:

      a/ Sand of all kinds (except siliceous white sand) with SiO, content of less than 85%, not containing or containing calciterit, wolframit, monazite, zircon, ilmenite minerals, and accompanied gold which fails to satisfy deposit calculation criteria specified by the Ministry of Natural Resources and Environment;

      b/ Clay used for the production of bricks and tiles according to Vietnamese standards and technical regulations, clays (except bentonite and kaolin clays) not qualified for production of construction ceramics, fireclay materials and cement according to Vietnamese standards and technical regulations;

      c/ Sandstone and quartzite stone with SiO2 content of less than 85%, not containing or containing metallic minerals, native metals, radioactive and rare elements which fail to satisfy deposit calculation criteria specified by the Ministry of Natural Resources and Environment or are not qualified for use as facing stones or fine-art stones according to Vietnamese standards and technical regulations;

      d/ Sedimentary rocks of different kinds (except diatomite. bentonite and rock containing keramzit), magma rocks (except nephelin syenit rock, column or foam basalt), metamorphic rocks (except mica schist rich in vermiculite) not containing or containing metallic minerals, native metals, gemstones. semi-gemstones and radioactive and rare elements which fail to satisfy deposit calculation criteria specified by the Ministry of Natural Resources and Environment or are not qualified for use as facing stones, fine-art stones or feldspar technical materials used for construction ceramic production according to Vietnamese standards and technical regulations;

      e/ Schist of different kinds, except roofing schist, combustible schist and schist containing sericit, disten or sillimanit minerals exceeding 30% in content;

      f/ Pebbles, gravel and dust not containing gold, platinum, gemstones and semi-gemstones; laterite not containing native metals or metallic minerals;

      g/ Limestone, chalky clay and marbles (except limestone stalactites, white limestone and white marble) not qualified for use as materials for Portland cement production according to Vietnamese standards and technical regulations or not qualified for use as materials for the production of facing stones or fine-art stones according to Vietnamese standards and technical regulations;

      h/ Dolomite stone with MgO content of less than 15%, dolomite stone not qualified for the production of construction glass or for use as materials for the production of facing stones or fine-art stones according to Vietnamese standards and technical regulations.

      2. Organizations and individuals that mine minerals for use as common construction materials are not required to apply for mining licenses when:

      a/ Mining minerals in the land area of an approved or licensed investment project to build a work and using mined products only for building such work.

      Before mining, they shall register the mining area, capacity, volume, method, equipment and plan with the provincial-level People's Committee;

      b/ Mining minerals in the residential land area under the use rights of a household or an individual for building works for such household or individual within this area.

      3. Organizations and individuals that mine minerals for use as common construction materials defined at Point a. Clause 2 of this Article shall pay a fee for the grant of the mining right.

      Thus, according to current regulations in Vietnam, soil and rock are minerals and when you want to use soil and rock as backfill material, you need to meet the conditions on the type of soil and rock specified above.

      Can soil and rocks be minerals used as filling materials in Vietnam? What are requirements for researching the quality of soil and rock mines for filling materials in Vietnam? (Image from the Internet)

      What are requirements for researching the quality of soil and rock mines for filling materials in Vietnam?

      In addition, Article 5 of Circular 01/2016/TT-BTNMT stipulates requirements for quality research as follows:

      1. Completed exploration works must collect and establish all types of documents according to current regulations and take samples to study the quality, quantity, and type of samples appropriate to the research purpose and shown in the exploration project. For trench samples, the maximum length must not exceed 10m.

      2. Soil and rock mines used as backfilling materials must take, process and analyze the following types of samples:

      a) Physical and mechanical samples: taken at exploration works, each product layer must have 01 comprehensive physical and mechanical sample;

      b) Each product layer must take 01 sample to determine: bulk weight, moisture content, bulk expansion coefficient; 01 trench sample for comprehensive chemical analysis and radioactivity.

      3. River bed sand and gravel mines must take, process and analyze the following samples:

      a) Sample for grain analysis: take and analyze by product layer and comply with length regulations for groove samples;

      b) Comprehensive chemical and radioactive activity samples, physical and mechanical samples, sediment samples and bulk samples, samples to determine bulk expansion coefficient: must be taken to represent the product layers present in the mine, at least 01 sample /01 product floor.

      In addition, depending on the purpose of use, other types of samples can be taken and analyzed in accordance with the reserve calculation criteria in Vietnam.

      Procedures for taking, processing, analyzing and handling and controlling the quality of physical and mechanical samples for soil and rock used as filling material; Grain size samples for riverbed sand and gravel must comply with current regulations on quality control in Vietnam.

      Best regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • the Mineral Law 2010 Download
    • Circular 01/2016/TT-BTNMT Download
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