What are procedures for appraisal and grant of approval for the mine closure project in Vietnam?

What are procedures for appraisal and grant of approval for the mine closure project in Vietnam? - image from internet

Pursuant to Article 7 of the Circular 45/2016/TT-BTNMT on regulations on mineral exploration and mine closure projects, and templates of reports on mineral activities, documents required in application for mineral operation license and application for approval for mineral reserves, and mine closure procedures, the procedures for appraisal and grant of approval for the mine closure project in Vietnam issued by the Ministry of Natural Resources and Environment are stipulated as follows:

- 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.

- 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.

- 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.

- 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.

- 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.

- Submission of the mine closure project for approval:

+ 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;

+ 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;

+ 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.

Above are procedures for appraisal and grant of approval for the mine closure project in Vietnam. Please refer to the Circular 45/2016/TT-BTNMT for more details.

Best regards!