Instruction on Inspecting the Implementation of Regulations Regarding Notification of Minerals Exploration Plan

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Circular 51/2015/TT-BTNMT provides guidance on the inspection of compliance with regulations regarding the notification of exploration plans; reporting of mineral exploration activities; conditions for carrying out mineral exploration schemes; changes in exploration methods, and exploration volumes, as follows:

1. The time to send written notifications of exploration plans and periodic reporting of mineral exploration activities is determined based on the following basis:

- The time recorded on the mail parcel; the time recorded on the receipt from the delivery unit or related documents;- The date of receipt recorded in the incoming document log at the provincial People's Committee/Department of Natural Resources and Environment where the exploration activities are conducted; the Ministry of Natural Resources and Environment/General Department of Geology and Minerals of Vietnam for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

2. When an enterprise self-implements a mineral exploration scheme (hereinafter referred to as the scheme), the determination of meeting the conditions for executing the scheme is based on the following:

- Labor contracts (or equivalent documents) of the technical manager and technical workers directly involved in executing the scheme as per regulations;- Decision on assigning the scheme leader, technical manager along with personal records, relevant diplomas;- Inventory of specialized equipment and machinery used to execute the scheme at the time of inspection.

3. When an organization or individual conducting mineral exploration does not directly execute the scheme, the determination of meeting the conditions for executing the scheme is based on the following:

- Construction contract of the scheme between the entity permitted to explore minerals and the unit directly executing the scheme;- Business registration or the establishment decision of the contracting organization executing the scheme;- Labor contracts (or equivalent documents) of the technical manager and technical workers directly involved in executing the scheme as per regulations;- Decision on assigning the scheme leader, technical manager along with personal records, relevant diplomas;- Inventory of specialized tools and equipment suitable for executing the mineral exploration works as per the scheme.

Additionally, the Circular stipulates the basis for determining the eligibility to change exploration methods or exploration volumes which cost more than 10% of the estimate, including: Documents from the organization or individual reporting to the licensing authority on the contents of the changes; approval documents from the competent state authority licensing the exploration regarding the methods and volumes permitted to change.

For details, refer to Circular 51/2015/TT-BTNMT, effective from January 11, 2016

Le Hai

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