Thông tư 36/2025/TT-BNNMT quy định về khai thác khoáng sản, khai thác tận thu khoáng sản và thu hồi khoáng sản do Bộ trưởng Bộ Nông nghiệp và Môi trường ban hành

CIRCULAR

ON MINERAL PRODUCTION, MINERAL SALVAGING, AND MINERAL RECOVERY

Pursuant to the Law on Geology and Minerals dated November 29, 2024;

Pursuant to Decree No. 193/2025/ND-CP dated July 02, 2025 of the Government elaborating the Law on Geology and Minerals;

Pursuant to Decree No. 136/2025/ND-CP dated June 12, 2025 of the Government on devolution and delegation of powers in agriculture and environment;

Pursuant to Decree No. 35/2025/ND-CP dated February 25, 2025 of the Government on the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Environment;

At the request of the Director General of the Department of Geology and Minerals of Vietnam;

The Minister of Agriculture and Environment hereby issues a Circular on mineral production, mineral salvaging, and mineral recovery.

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GENERAL PROVISIONS

Article 1. Scope

This Circular elaborates the Law on Geology and Minerals, Decree No. 193/2025/ND-CP dated July 02, 2025 of the Government elaborating the Law on Geology and Minerals (hereinafter referred to as Decree No. 193/2025/ND-CP), including:

1. Clause 3 of Article 57; Points d, h, i and n of Clause 2 of Article 59; Clause 2 of Article 63; Clause 6 of Article 64; Clause 3 of Article 69; Points d, g, i and n of Clause 2 of Article 70; Point a of Clause 1, Point d of Clause 2 and Point h of Clause 4 of Article 73; Clause 3 of Article 74; Point c of Clause 2 of Article 76 of the Law on Geology and Minerals.

2. Point b of Clause 1 of Clause 2, Clause 3 of Article 7; Clause 8 of Article 59; Clause 8 of Article 90; Clause 9 of Article 91; Clause 4 of Article 92; Clause 7 of Article 93; Clause 5 of Article 97; Clause 3 of Article 98 of Decree No. 193/2025/ND-CP.

3. Articles, clauses, points specified in clause 1 and clause 2 of this Article including the following contents: Registration of commencement date of fundamental mine construction and commencement date of mineral production, mineral salvaging; storage, update, and provision of information on additional mineral exploration and mineral production results; control of quantities of minerals produced in practice; information and data system for supervision of mining operations; entities that develop mining status maps and cross-section status maps of mineral production sites; submission method, format, and contents of mining status maps and cross-section maps of mineral production sites; reports on mineral production. mineral salvaging, mineral recovery, and state management of mineral; revision of the content of mineral production, unexpired mineral production licenses, unexpired mineral salvaging licenses; survey, general assessment of group IV minerals, production plans for group IV minerals; forms of documents included in applications for issuance, renewal, reissuance, revision, waiver of mineral production license or mineral salvaging license, application transfer of mineral production right, transfer of mineral salvaging right; forms of  group IV mineral production license, forms of documents included in applications for group IV mineral production license; forms of reports, documents on inventory and examination of mineral reserve.

Article 2. Regulated entities

This Circular applies to state agencies, organizations, local communities, households and individuals related to the contents specified in Article 1 hereof.

Article 3. Term interpretation

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1. Flooded mineral site means a permitted mineral production site where dewatering cannot be performed or dewatering measures are not applied during production as specified in the mineral production investment projects and mine design.

2. Primary marker means a topographic marker established during exploration and fundamental mine construction, which remain stable throughout the production period.

3. Secondary marker means a temporary marker added between primary markers that is used to measure and show detailed topographic relief of the ore body to make mining status maps and cross-section status maps.

Chapter II

SURVEY AND GENERAL ASSESSMENT OF GROUP IV MINERALS

Article 4. Survey and general assessment of Group IV minerals

1. For areas exempted from mineral production right auction, organizations/individuals carrying out survey and general assessment of Group IV materials with contents specified in Article 5 hereof after receiving written approval from the Department of Agriculture and Environment, except for cases specified in clause 3 of this Article.

2. For areas where mineral production right is auctioned, winners of mineral production right auction shall carry out survey and general assessment of Group IV materials with contents specified in Article 5 hereof after the state regulatory authority approve the results of mineral production right auction, except for cases specified in clause 3 of this Article. Winners of mineral production right auction do not have to carry out procedures for approval of survey and general assessment of Group IV minerals.

3. Areas exempted from survey and general assessment of Group IV minerals include:

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b) Areas where results of survey and general assessment of Group IV minerals satisfy requirements specified in Article 5 hereof.

Issuance of group IV mineral production license shall use results of group IV mineral exploration and survey and general assessment of group IV minerals conducted before as grounds.

4. The survey and general assessment of Group IV minerals shall be carried out as follows:

a) Organizations and individuals specified in clauses 1 and 2 of this Article capable of carrying out a survey and general assessment of Group IV minerals may carry out such survey and assessment themselves or enter into a contract with organizations capable of doing so;

b) Organizations and individuals carrying out survey and general assessment of Group IV minerals shall be fully accountable to the law for the results of such survey and assessment.

5. Before the survey and general assessment of Group IV minerals, the organization/individual must inform the Department of Agriculture and Environment, the People's Committee of the commune where the survey and assessment are carried out in writing of the time for carrying out such survey and assessment.

6. The results of survey and general assessment of Group IV minerals must be confirmed by the Department of Agriculture and Environment, except for cases specified in clause 2 of Article 72 of the Law on Geology and Minerals.

Article 5. Contents of survey and general assessment of Group IV minerals

1. Contents of survey and general assessment of Group IV minerals, except for cases specified in clause 2 of this Article, include:

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b) Geological survey routes that are presented as follows: the maximum distance between routes is 400 m; the survey point density ranges from 200 to 300 points/km2. Each geological survey point must describe the geological characteristics, composition, structure, and determine the boundaries of stratum, ore bodies (if any) to determine the average thickness of stratum, ore bodies within the survey and assessment area.

c) The construction of geological works (exposures, pits, wells, or drilling) must have clear coordinates, elevation according to the national spatial reference system, be able to fully control the thickness of stratum, ore bodies, or control up to the expected extraction level. To be specific: the maximum distance between construction lines is 400m; the maximum distance between structures on a line is 200m. For areas smaller than 1,0ha with a distribution length not exceeding 500m, there must be at least 01 geological work at a representative point to ensure control of stratum, ore bodies;

d) Hydrological - geotechnical engineering survey, collection of hydrological data, determination of the rainfall in the survey area over the past 3 years;

dd) Sampling, sample processing:  channel samples, samples of drill core, pan-concentrate samples (for placer mines), roentgen sample. moisture samples, loose coefficient, soil physical samples, radioactivity samples;

e) Analysis of samples, including: analysis of basic chemical components for channel samples, samples of drill core, and ICP 36 elements (taken from the basic sample part with at least 10% compared to the basic sample) to determine useful and harmful components of elements in stratum, ore bodies; mineral component analysis; comprehensive analysis of physical indicators; identification of moisture content, loose coefficient, and radioactivity.

g) At least 01 sample for each geological structure/stratum with the maximum length of 10m.

2. For cases specified in clause 2 of Article 72 of the Law on Geography and Minerals, the contents of the survey and general assessment of Group IV minerals include:

a) Topography and cartography of the topography at a scale of at least 1:5.000;

b) The construction of at least 01 geological works (outcrop, pits, wells, or drill) at the representative point must be able to fully control the thickness of stratum, ore bodies, or control up to the expected height; and must have clear coordinates, elevation according to the national spatial reference system.

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3. The construction of geological works shall follow the technical regulations on excavation and sampling of geological and mineral resources at excavation sites; the procedures for sampling, sample processing, analysis, quality control, and handling of samples shall comply with applicable regulations.  The method for calculating the mineral volume that applies the methods of calculating mineral reserves and resources and is selected by the characteristics of stratum and ore body to ensure reliability (the unit of calculation is m³).

Article 6. Approval of survey and general assessment of Group IV minerals in areas exempted from mineral production right auction

1. The selection of organizations and individuals for the survey and general assessment of Group IV minerals in areas exempted from mineral production right auction is carried out in the following order of priority:

a) Organizations or individuals satisfying the financial capacity requirements as stipulated in Clause 3 of Article 53 of the Law on Geology and Minerals, and Article 55 of Decree No. 193/2025/ND-CP dated July 2, 2025, of the Government elaborating the Law on Geology and Minerals;

b) If there is more than 01 organization/individual satisfying the requirements specified in Point a of this Clause, the organization/individual who submits an application satisfying the requirements specified in Clause 2 of this Article first shall be prioritized to be selected (based on the submission date); If multiple organizations/individuals submit their application on the same day, priority shall be given to the organization/individual with the greater equity capital.

2. For cases specified in clause 1 of Article 72 of the Law on Geography and Minerals, the application for approval of survey and general assessment of Group IV minerals shall include:

a) Original copy of the application for approval of survey and general assessment of Group IV minerals;

b) The certified true copy or the copy enclosed with original for collation, certified electronic copy of the original of: Document proving the equity capital as prescribed in Article 55 of Decree No. 193/2025/ND-CP.

3. For cases specified in clause 2 of Article 72 of the Law on Geography and Minerals, the application for approval of survey and general assessment of Group IV minerals shall include:

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b) The certified true copy or the copy enclosed with original for collation, certified electronic copy of the original of: written approval for the selected building contractor.

4. The procedures for approval of survey and general assessment of Group IV minerals:

a) The organization/individual applying for approval of survey and general assessment of Group IV minerals shall submit 01 application specified in clause 2, clause 3 of this Article to the Department of Agriculture and Environment. In case the application is adequate, the Department of Agriculture and Environment shall receive the application as prescribed. If the application is adequate, the application shall be refused and the reasons for refusal shall be clearly stated in the written request for a according to the Government's regulations on receiving administrative procedure documents;

b) Within 05 working days from the date of receiving the adequate application, the Department of Agriculture and Environment shall check the coordinates and area of ​​the proposed site of survey and assessment and on-site inspection (if necessary); if necessary, send a written request for opinions to agencies related to sites banned/temporarily banned from mining operations for the proposed survey and assessment site.

The time of on-site inspection (if any) shall be decided by the Department of Agriculture and Environment but must be completed before approving the survey and general assessment of Group IV minerals in accordance with Point d of this Clause;

c) Within 03 working days from the date on which the Department of Agriculture and Environment sends the written request for opinions in accordance with point b of this clause, agencies receiving such requests shall respond in writing to relevant matters. After the time limit prescribed in this Clause, if the agency receiving such request does not provide any response, they are deemed to have agreed and shall be accountable for the relevant contents in the application for a mineral production license;

d) Within no more than 01 working day from the completion of the contents specified in Point b and Point c of this Clause, the Department of Agriculture and Environment shall approve or refuse the survey and general assessment of Group IV minerals and inform the organization/individual receiving the results of the application for approval of the survey and general assessment of Group IV minerals. In case of refusal, there must be a written notice stating the reasons and additional requirements.

Article 7. Confirmation of the result of the survey and general assessment of Group IV minerals

1. The application for confirmation of the result of the survey and general assessment of Group IV minerals includes the authentic copy of the: Application form for confirmation of the result of the survey and general assessment of Group IV minerals; report on the result of the survey and general assessment of Group IV minerals (in case of submitting paper documents, a digital copy must be attached).

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a) The organization/individual applying for confirmation of the result of the survey and general assessment of Group IV minerals shall submit 01 application specified in clause 1 of this Article to the Department of Agriculture and Environment. In case the application is adequate, the Department of Agriculture and Environment shall receive the application as prescribed. If the application is adequate, the application shall be refused and the reasons for refusal shall be clearly stated in the written request for a according to the Government's regulations on receiving administrative procedure documents;

b) Within no more than 10 working day receiving the application, the Department of Agriculture and Environment shall inspect and review the application, appraise the content of the report on the result of the survey and general assessment of Group IV minerals.

If necessary, the Department of Agriculture and Environment may seek opinions from the experts and/or agencies related to the content of the report on the results of the survey and general assessment of Group IV minerals. The duration of collecting opinions is not included in the time for application appraisal;

c) Within 05 working days from the date on which the Department of Agriculture and Environment sends the written request for opinions in accordance with point b of this clause (if any), agencies receiving such requests shall respond in writing to relevant matters. After the time limit prescribed in this Clause, if the agency receiving such request does not provide any response, they are deemed to have agreed and shall be accountable for the relevant contents;

d) In case it is necessary to supplement or complete the content of the report on the result of the survey and general assessment of Group IV minerals, the Department of Agriculture and Environment shall issue a written request for the organization/individual to supplement or complete their application, clearly stating the content that needs to be supplemented or completed. Requests for supplementation and completion shall only be made once. If the report on the result of the survey and general assessment of Group IV minerals after completion still does not meet the requirements after the first request for supplementation/completion, it is allowed to make another request for supplementation/completion, but there must not be any new requirements.

If, after supplementing and completing the report on the result of the survey and general assessment of Group IV minerals, it still does not meet the requirements as prescribed, the geology and mineral authority affiliated to the provincial People's Committee shall stop the appraisal and return the application for confirmation of the result of the survey and general assessment of Group IV minerals. Organizations/individuals in this case may resubmit their application, but their applications shall be considered a new application;

dd) Within no more than 02 working day from the completion of the contents specified in Point b and Point c of this Clause, the Department of Agriculture and Environment shall approve or refuse the application for confirmation of the result of the survey and general assessment of Group IV minerals and inform the organization/individual receiving the result of the settlement of such application. In case of refusal, there must be a written notice stating the reasons.

Chapter III

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Article 8. Registration of commencement date of fundamental mine construction and commencement date of mineral production

1. Organization/individual grant mineral production license/mineral salvaging license must:

a) Register the commencement date of fundamental mine construction and the commencement date of mineral production with the state regulatory authority with competence to issue mineral production licenses/mineral salvaging licenses at least 15 days before carrying out such activities. The registration dossier shall comply with the provisions of Clause 2 of this Article. In case of any change in the implementation time, the organization/individual must submit their dossier

b) Notify in writing the commencement date of fundamental mine construction and commencement date of mineral production to the People’s Committee at any level where the licensed mineral is located (for licenses issued by the Ministry of Agriculture and Environment), or to the Department of Agriculture and Environment and the commune-level People’s Committee (for licenses issued by the President of Provincial People’s Committee) at least 7 working days before carrying out such activities.

2. Dossier on registration of commencement date of fundamental mine construction and commencement date of mineral production includes:

a) Original registration document for the commencement date of fundamental mine construction;

b) The certified true copy or the copy enclosed with original for collation, certified electronic copy of the original of: land allocation or land lease document as prescribed by land law.

Article 9. Storage, update, and provision of information on additional mineral exploration and mineral production results

1. Organization/individual engaging in mineral production and mineral salvaging must store all of documents and be fully accountable to the law and state regulatory authority for the accuracy, truthfulness, and completeness of the information and documents contained in the dossiers, including:

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b) Dossier on the results of mineral production and mineral salvaging from the commencement date of fundamental mine construction until the conclusion of mineral production and mine closure.

2. The original dossiers (including both paper and digitized electronic copies) specified in Clause 1 of this Article shall be kept at the headquarters of the organization/individual conducting mineral production or mineral salvaging. In cases where the headquarters is not located at the same address as the mineral production/salvaging project, besides the original dossiers kept at the headquarters, the organization/individual must also keep one set of copies at the office where such project is executed.

3. Any acts of forgery, falsification, or alteration of dossiers on additional exploration results, mineral production/salvaging results, or revision of stored dossiers, shall be strictly handled in accordance with the law.

4. Organization/individual engaging in solid mineral production/salvaging shall update the results of additional exploration and mineral production on the mining status maps and cross-section status maps.

5. When requested by competent authorities to present or provide dossiers on supplementary additional mineral exploration and mineral production results, organizations/individuals engaging in mineral production/salvaging are obliged to present or provide the complete dossiers as required.

Article 10. Control of quantities of minerals produced

1. The organization/individual engaging in mineral production/salvaging must install devices for controlling the quantities of minerals produced in accordance with Clauses 4, 5, and 6 of Article 59 of Decree No. 193/2025/ND-CP.

2. Books, documents, and materials used as the ground for monitoring, control, inventory and examination of mineral reserve and quantity produced and remaining minerals include:

a) Logbooks and inventory records of raw mineral quantities, spoil quantities (if any), mineral quantities to be processed, and mineral quantities after processing according to mineral production projects. Data are recorded and inventoried daily in the logbooks as prescribed in point a of Clause 2 of Article 22 hereof;

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The regulations in this point only apply to minerals listed in section 1 and section 2 of Part I of Appendix I attached to Decree No. 193/2025/ND-CP.

c) Mining status maps, cross-section status maps of mineral production sites established in accordance with Articles 12, 13, 14, and 15 hereof;

d) Written declaration, statement of submission of severance tax, environmental protection fees in accordance with laws on severance tax and environmental protection fees.

3. The data and information in the books, documents, and materials specified in Clause 2 of this Article and periodic reports on mining operations, reports on inventory of produced mineral reserves, and reports on inventory of remaining mineral reserves must be consistent. In cases where the data in the books, documents, and materials specified in Clause 2 of this Article differ by more than 10% compared to the data in the logbooks and inventory records specified in point a of Clause 2 of this Article, the organization/individual engaging in mineral production/salvaging must provide explanations and be fully accountable for the content of their explanation.

4. Responsibilities for managing and storing books, documents, and materials on control, inventory and examination of mineral reserve and quantity produced and remaining minerals:

a) Organization/individual engaging in mineral production and mineral salvaging must store all of books, documents, and materials specified in clause 2 of Article from the commencement date of fundamental mine construction until the conclusion of production and mine closure and be fully accountable to the law and state regulatory authority for the accuracy, truthfulness, and completeness of the information recorded, monitored, inventoried in books, materials, and reports.

In cases where the organization/individual fails to prepare or prepare incompletely or lose books, documents, or materials related to quantities of mineral produced, or the information and data are incomplete or inaccurate, depending on the nature and severity of the consequences caused, such organization/individual will be handled in accordance with law.

b) The original books, documents, materials (including both paper and digitized electronic copies) specified in point a of Clause 2 of this Article shall be kept at the headquarters of the organization/individual conducting mineral production or mineral salvaging. In cases where the headquarters is not located at the same address as the mineral production/salvaging project, besides the original dossiers kept at the headquarters, the organization/individual must also keep one set of copies at the mine office where such project is executed.

c) When the information and data system on mining operations of the state management agency is completed, organization/individual engaging in mineral production/salvaging shall prepare the books and documents specified in Clause 2 of this Article directly on the system.

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1. The organization/individual engaging in mineral production (except for group IV minerals)/mineral salvaging must develop a management system to analyze and consolidate data and information related to mining operations, and connect this system with the devices prescribed in Clause 1 of Article 10 hereof.

2. The data of the system specified in Clause 1 of this Article are divided into two types, including:

a) Identification data, including: Name of the organization/individual engaging in mineral production/salvaging; mineral production license/mineral salvaging license. These identification data must be linked to the monitoring data of mineral production activities;

b) Data on monitoring the quantities of mineral produced from weighing equipment, measuring instruments, and books specified in Clause 1, points a and b of Clause 2 of Article 10 hereof, including: Raw mineral quantities, mineral quantities to be processed, and mineral quantities after processing according to mineral production projects.

3. The organization/individual engaging in mineral production/salvaging shall connect and share data and information from the devices and systems specified in Clause 1 of this Article with the information and data system on mining operations of the state regulatory authority according to the roadmap specified in Clause 3 of Article 59 of the Law on Geology and Minerals, Clause 7 of Article 58 of Decree No. 193/2025/ND-CP, and Clause 4 of this Article.

4. The data connection and sharing specified in Clause 3 of this Article shall be carried out as follows:

a) Data from weighing equipment, measuring instruments must be transmitted to the server of the Department of Agriculture and Environment at least once per day, ensuring chronological order. In case of transmission interruption, both old and current data must be sent simultaneously once the connection is restored;

b) Data must be promptly and accurately provided and must not be altered or falsified before or during transmission.

Article 12. Establishment, update and storage of mining status maps and cross-section status maps for solid minerals

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For the production of natural geothermal water, natural mineral water, and gas associated with natural geothermal water/natural mineral water, it is not required to establish mining status maps and cross-sections status maps of the sites where mineral production is permitted.

2. Mining status maps, cross-section status maps of the sites where mineral production is permitted shall be established once a year based on regularly updated results, with the establishment and update date up to December 31 each year, and be submitted to the Department of Agriculture and Environment where the mineral mine is located before February 1 of the following year.

3. Based on the information and data of the mining status maps, cross-section status maps of the site where mineral production is permitted, organizations/individuals engaging in mineral production/salvaging shall calculate and determine the remaining mineral reserves; compare and assess fluctuations in reserves and quality of minerals actually produced with the permitted mineral reserves and exploration results, as well as results off survey and general assessment of Group IV minerals that have been confirmed (approved, recognized); and explain and identify reasons for any discrepancies (if any).

4. Mining status maps, cross-section status maps of permitted mineral production sites shall be stored in accordance with point b of clause 4 of Article 10 hereof.

5. Organization/individual engaged in solid mineral production/salvaging shall directly establish mining status maps and cross-section status maps if they satisfy the conditions prescribed by law on topography and cartography. If outsourcing the establishment of these maps, the contracted organization must have full functions and satisfy the conditions prescribed by law on topography and cartography.

6. Organization establishing establish mining status maps and cross-section status maps must be fully accountable to the law and state regulatory authority for the accuracy, truthfulness, and completeness of the information and data, and the appropriateness of the content and form presented on such maps.

Article 13. Format of mining status maps, cross-section status maps of permitted mineral production sites

1. Mining status maps, cross-section status maps of permitted mineral production sites must satisfy the following requirements:

a) The mining status map of the permitted mineral production site shall be established on the topography map using VN-2000 coordinate system, with the central meridian and projection zone consistent with the map of the mineral production site attached to the mineral production license/ mineral salvaging license; must fully present the contents prescribed by the applicable regulations on topography and cartography., including information related to the ore bodies currently being mined within the permitted mineral production site at the time of establishment;

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c) Mining status maps, cross-section status maps of permitted mineral production sites must truthfully present the actual information and data at the time of establishment. Symbols, format, and contents of elements shown on the mining status maps and cross-section status maps must be consistent with the maps, and sections in mineral production reports, reports on survey and general assessment on Group IV minerals, Group IV mineral production plans, approved mineral production investment projects, and mine designs as prescribed;

d) Mining status map, cross-section status map of the permitted mineral production site must cover the entire site of the mineral production project.

2. The scale of the mining status map of the permitted mineral production site shall be 1:1.000, 1:2.000, or 1:5.000. The scale of the cross-section status map of the permitted mineral production site shall be the same as or larger than the scale of the mining status map.

Article 14. Contents of mining status maps of permitted mineral production sites

1. For minerals in open-cast mines (except cases specified in Clause 2 of this Article), the mining status map of the permitted mineral production site shall include the following contents:

a) Geodetic information: Contour lines, geodetic markers (primary markers, secondary markers, control points), elevation of the mineral production site, boundaries of permitted mineral production site, boundaries of the production site during the update period (if any), terrain, hydrological system, transportation routes (pit benches, internal mine roads, etc.);

b) Geological information: Stratigraphic units, faults, folds, attitudes of ore bodies, veins and surrounding soil and rock. Geological information must be updated and supplemented during production (if any);

c) Mineral information: Boundaries and attitudes of ore bodies and veins; reserves and resource blocks, production works and their identification numbers; mineral information (including secondary minerals) according to exploration stages before production, additional exploration (if any), and production process; secondary minerals (updated similarly to primary minerals); additional sampling locations (if any);

d) Production site information: Fundamental mine construction work item, pit boundaries, bench toes, bench edges currently mined or levels where production ends, auxiliary works, mineral storage yards, waste rock and soil dumps, transport systems inside and outside the mine at the time of establishing the mining status map;

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a) Geophysics information: Contour lines, geodetic markers (primary markers, secondary markers, control points), bathymetric contour lines, topography elevation of the mineral production site and adjacent areas;

b) Mineral information: Isopach lines of ore body thickness, reserves blocks, exploration works, mined locations, locations currently being mined, waste dumping locations (if any).

3. For underground mines, the mining status map of the permitted mineral production site shall include the following contents:

a) Geophysics information: Contour lines, geodetic markers (primary markers, secondary markers, control points), elevation, boundaries of permitted mineral production site, boundaries of the production site during the update period (if any), terrain, hydrological system;

b) Geological information: Stratigraphic units, faults, folds, attitudes of ore bodies, mines and surrounding soil and rock. Geological information must be updated and supplemented during production (if any);

c) Mineral information: Boundaries and attitudes of ore bodies and veins; reserves blocks, production works and their identification numbers; mineral information according to exploration stages before production, additional exploration (if any), and production process; secondary minerals (updated similarly to primary minerals); additional sampling locations (if any);

d) Production site information: Fundamental mine construction works; positions and parameters of development tunnel, preparation tunnel, and mining tunnel (main wells, auxiliary wells, platforms, station tunnels, cross-seam tunnel systems, transport and ventilation tunnels, upper tunnels, mining tunnel roads, etc.), other auxiliary works serving mineral production activities at the time of preparing the mining status map.

4. The contents on the mining status maps as prescribed in this Article shall comply with applicable standards and technical regulations on topography and cartography.

Article 15. Contents of cross-section status maps of permitted mineral production sites

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2. The cross-section status map must fully present the following basic information: geological characteristics (stratigraphic units, geological age), boundaries of the production site, exploration works from pre-production stages and supplementary exploration during production (if any); ore bodies and veins (thickness, attitude, structure, mineral quality) and changes in the main ore bodies, secondary minerals; surrounding soil and rock around the ore bodies/veins of primary and secondary minerals. The cross-section status maps must be clearly represented on the accompanying mining status maps; depth and elevation parameters must be fully and accurately shown; and a legend must include a volume calculation table for production between cross-sections during the production period.

3. If at the time of establishing the cross-section status map, the production location (pit, stope) has no previous geological exploration lines passing through, at least two supplementary cross-sections must be included. All cross-section status maps (including supplementary sections) must align with exploration lines and cover the entire site currently produced, including supplementary exploration works (if any) at the time of establishment, ensuring maximum representation of information and data regarding the progress of production.

Article 16. Reports on mineral production, mineral salvaging, mineral recovery; reports on state management of geology and minerals

1. Organizations/individuals engaging in mineral production/mineral salvaging must prepare reports on the results of mineral production, mineral salvaging, or mineral recovery in the following cases:

a) Periodic report on the results of mineral production, mineral salvaging, or mineral recovery: prepared and submitted before February 15 of the year following the reporting year:  Shall be prepared and submitted before February 15 of the year following the reporting year. a reporting period is from January 1 to December 31;

b) Report on mineral production/mineral salvaging results when applying for renewal, reissuance, revision, waiver of mineral production licenses; for renewal, reissuance, revision, waiver of mineral salvaging licenses; or transfer of mineral production rights or mineral salvaging rights: The reporting period is from the date of issuance of mineral production license or mineral salvaging license until the date of application for renewal, reissuance, revision, waiver of mineral production license or mineral salvaging license; or transfer of mineral production rights or mineral salvaging rights;

c) Report on inventory of reserves and quantities of minerals produced: Shall be included in the periodic report on mining operations as stipulated in point a of this clause;

d) Report on inventory of remaining mineral reserves at the time of submission of applications for renewal, reissuance, revision, transfer, waiver of mineral production licenses/mineral salvaging licenses, and mine closure: Shall be included in the report on mineral production/salvaging results as stipulated in point b of this clause;

dd) Ad hoc reports: Shall be prepared upon request of competent authorities.

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a) For mineral production licenses and mineral recovery registration certificates for Group I minerals under the authority of the Ministry of Agriculture and Environment: General Department of Geology and Minerals of Vietnam, Ministry of Industry and Trade; Departments of Agriculture and Environment, Industry and Trade (where minerals are produced);

b) For mineral production licenses and mineral recovery registration certificates for Group II minerals issued by the Ministry of Agriculture and Environment: General Department of Geology and Minerals of Vietnam, Ministry of Construction; Departments of Agriculture and Environment, Construction (where minerals are produced);

c) For licenses for the production of natural geothermal water, natural mineral water; gas associated with natural geothermal water/natural mineral water; Group I minerals; mineral recovery registration certificates for Group I minerals issued by Presidents of Provincial People's Committees: Departments of Agriculture and Environment, Industry and Trade;

d) For mineral production licenses and mineral recovery registration certificates for Group III minerals (except for natural geothermal water, natural mineral water; gas associated with natural geothermal water/natural mineral water), Group IV minerals; Group II minerals issued by Presidents of Provincial People's Committees: Departments of Agriculture and Environment, Construction;

d) For mineral recovery registration certificates issued by Presidents of Provincial People's Committees: Commune-level People's Committees.

3. Reports specified in points b and dd of clause 1 of this Article shall be submitted to competent authorities responsible for renewal, reissuance, revision, waiver of mineral production license or mineral salvaging license; or transfer of mineral production rights or mineral salvaging rights;

4. Reports specified in point c of clause 1 of this Article shall be submitted to Departments of Agriculture and Environment.

5. Reports specified in point dd of clause 1 of this Article shall be submitted to competent authorities upon request.

6. Provincial People's Committees and the Ministry of Agriculture and Environment shall prepare annual reports on state management of geology and minerals as follows:

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Provincial People's Committees and the Ministry of Agriculture and Environment shall prepare and submit reports on state management of geology and minerals nationwide to the Prime Minister before June 1 each year.

Article 17. Revision of the Contents of mineral production licenses/mineral salvaging licenses in cases prescribed in Point n of Clause 2 of Article 59 and Point n of Clause 2 of Article 70 of the Law on Geology and Minerals

1. During the process of mineral production/salvaging (except for production of sand and gravel in river bed, lake bed, coastal areas), based on inventory results of reserves and quantities of minerals produced and inventory results of remaining unexploited reserves and quantities of minerals, organizations/individuals shall  and comparing the actual total reserves and quantities of minerals in the production site with the reserves and quantities of minerals permitted for productions as specified in the mineral production license.

If it is possible that the actual total reserves and quantities of mineral in the production site exceed the permitted reserves and quantities specified in the mineral production license, and the organization/individual engaging in mineral production wishes to continue the production of the additional reserves, they must carry out the procedure to revise the contents of the mineral production license or mineral salvaging license as prescribed.

2. In the case where the permitted reserves and quantities of minerals specified in the mineral production license or mineral salvaging license have been fully produced but the procedures for revision of the contents of the license have not been completed, the organization/ individual must cease production activities, even if the mineral production license or mineral salvaging license is still valid.

3. Organizations/individuals may only continue producing the additional reserves and quantities of minerals after the competent state regulatory authority has approved the revision of the mineral production license or mineral salvaging license to include the permitted additional reserves and quantities in accordance with the law.

Article 18. Contents of the production plan for group IV minerals

1. The production plan for group IV minerals includes: Description consisting of a technical and economic report and an environmental protection report; accompanying appendices, maps and technical drawings.

2. The description of the mineral production plan must include the following main contents:

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b) Production techniques and technologies for Group IV minerals, including: production sequence, production system, production technology; mine transportation; waste disposal methods;

c) Support and infrastructure solutions: solutions for electricity and water supply, drainage during production; mine safety techniques; production organization; d) Land clearance and resettlement plan (if any);

d) Land clearance and resettlement plan (if any);

dd) Financial analysis, including: estimated costs for implementing the production plan; investment capital sources; cost determination; economic efficiency assessment;

e) Self-assessment of environmental impacts of mineral production activities and mitigation measures; environmental improvement and remediation measures; determination of level of environmental improvement and remediation deposits; commitments of organization/individuals on environmental protection during mineral production.

3. Accompanying appendices and maps and technical drawings must be consistent with the contents of the description of the production plan.

Chapter IV

FORMS OF DOCUMENTS AND MATERIALS IN MINERAL PRODUCTION, MINERAL SALVAGING, AND MINERAL RECOVERY

Article 19. Forms of documents and materials included in dossiers on survey, assessment of group IV minerals

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a) The application form for approval of survey and general assessment of Group IV minerals shall be made according to Form No. 01 in Appendix I attached hereto;

b) The application form for confirmation of results of survey and general assessment of Group IV minerals shall be made according to Form No. 02 in Appendix I attached hereto;

2. Maps in the dossier on survey, assessment of group IV minerals shall comply with Clause 4 of Article 20 hereof and Form No. 35 in Appendix II attached hereto.

3. Forms of approval documents, and confirmation documents relating to production of Group IV minerals shall comply with the following regulations:

a) Document on approval of survey and general assessment of Group IV minerals shall be made according to Form No. 03 in Appendix I attached hereto;

b) Document on confirmation of results of survey and general assessment of Group IV minerals shall be made according to Form No. 04 in Appendix I attached hereto;

4. Report on results of survey and general assessment of Group IV minerals shall be made according to Form No. 05 in Appendix I attached hereto.

Article 20. Forms of documents and materials included in the application for renewal, reissuance, revision, waiver of mineral production license or mineral salvaging license; or transfer of mineral production rights or mineral salvaging rights

1. The application form included in the application for renewal, reissuance, revision, waiver of mineral production license or mineral salvaging license; or transfer of mineral production rights or mineral salvaging rights shall comply with the following regulations:

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b) The application form for issuance of group IV mineral production license shall follow Form No. 02 of Appendix II attached hereto;

c) The application form for issuance of mineral salvaging license shall follow Form No. 03 of Appendix II attached hereto;

d) The application form for renewal of group I/II/III mineral production license shall follow Form No. 04 of Appendix II attached hereto;

dd) The application form for renewal of group IV mineral production license shall follow Form No. 05 of Appendix II attached hereto;

e) The application form for renewal of mineral salvaging license shall follow Form No. 06 of Appendix II attached hereto;

g) The application form for reissuance (or replacement) of group I/II/III mineral production license shall follow Form No. 07 of Appendix II attached hereto;

h) The application form for revision of contents of mineral production license shall follow Form No. 08 of Appendix II attached hereto;

i) The application form for revision of contents of mineral salvaging license shall follow Form No. 09 of Appendix II attached hereto;

k) The application form for waiver of mineral production license shall follow Form No. 10 of Appendix II attached hereto;

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m) The application form for transfer of group I/II/III mineral production right shall follow Form No. 12 of Appendix II attached hereto;

n) The application form for transfer of mineral salvaging right shall follow Form No. 13 of Appendix II attached hereto;

2. Forms of mineral production licenses/mineral salvaging licenses shall comply with the following regulations:

a) Mineral production licenses issued by the Ministry of Agriculture and Environment shall comply with Form No. 14 of Appendix II attached hereto;

b) Mineral production licenses issued by Presidents of Provincial People’s Committees shall comply with Form No. 15 of Appendix II attached hereto;

c) Mineral salvaging licenses shall follow Form No. 16 of the Appendix II attached hereto;

d) Mineral production licenses (renewed) issued by the Ministry of Agriculture and Environment shall comply with Form No. 17 of Appendix II attached hereto;

dd) Mineral production licenses (renewed) issued by Presidents of Provincial People’s Committees shall comply with Form No. 18 of Appendix II attached hereto;

e) Mineral salvaging licenses (renewed) shall follow Form No. 19 of the Appendix II attached hereto;

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h) Mineral production licenses (reissued or replaced) issued by Presidents of Provincial People’s Committees shall comply with Form No. 21 of Appendix II attached hereto;

i) Mineral production licenses (transferred) issued by the Ministry of Agriculture and Environment shall comply with Form No. 22 of Appendix II attached hereto;

k) Mineral production licenses (transferred) issued by Presidents of Provincial People’s Committees shall comply with Form No. 23 of Appendix II attached hereto;

l) Mineral salvaging licenses (transferred) shall follow Form No. 24 of the Appendix II attached hereto;

3. Forms of decisions on revision, waiver or revocation of mineral production licenses/mineral salvaging licenses shall comply with the following regulations:

a) Decisions on revision of mineral production licenses issued by the Ministry of Agriculture and Environment shall comply with Form No. 25 of Appendix II attached hereto;

b) Decisions on revision of mineral production licenses issued by Presidents of Provincial People’s Committees (except in the case of revision to return part of the ​​group IV mineral production site) shall comply with Form No. 26 of Appendix II attached hereto;

c) Decisions on revision of mineral production licenses issued by Presidents of Provincial People’s Committees (except in the case of revision to return part of the ​​group IV mineral production site) shall comply with Form No. 26 of Appendix II attached hereto;

d) Decisions on revision of contents of mineral salvaging license shall follow Form No. 28 of Appendix II attached hereto;

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e) Decisions on waiver of group I/II/III mineral production licenses issued by Presidents of Provincial People’s Committees shall comply with Form No. 30 of Appendix II attached hereto;

g) Decisions on waiver of group IV mineral production license shall follow Form No. 31 of Appendix II attached hereto;

h) Decisions on waiver of mineral salvaging licenses shall follow Form No. 32 of Appendix II attached hereto;

i) Decisions on revocation of mineral production licenses issued by the Ministry of Agriculture and Environment shall comply with Form No. 33 of Appendix II attached hereto;

k) Decisions on revocation of mineral production licenses issued by Presidents of Provincial People’s Committees shall comply with Form No. 34 of Appendix II attached hereto;

4. Maps included in the application for renewal, reissuance, revision, waiver of mineral production license or mineral salvaging license; or transfer of mineral production rights or mineral salvaging rights shall comply with the following regulations:

a) Maps shall comply with Form No. 35 of the Appendix II attached hereto;

b) Maps shall be established on national topographic maps or extracts thereof, using VN-2000 coordinate system and central meridian;

c) Map scale shall be no smaller than 1:5.000 for areas less than 0,5 km², no smaller than 1:10.000 for areas from 0,5 km² to less than 2 km², no smaller than 1:25.000 for areas from 2 km² to less than 5 km², and no smaller than 1:50.000 for areas of 5 km² or larger.

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6. Plans for production of Group IV minerals shall follow Form No. 37 of the Appendix attached hereto;

Article 21. Forms of documents material included in dossiers on verification of mineral recovery registration

1. The application form for mineral recovery shall comply with the following regulations:

a) The application form for mineral recovery within the area of the mineral production investment project shall follow Form No. 01 of Appendix III attached hereto;

b) The mineral recovery registration form for cases prescribed in points b and c of Clause 1 of Article 75 of the Law on Geology and Minerals shall comply with Form No. 02 in Appendix III attached hereto.

c) The mineral recovery registration form for cases prescribed in point d of Clause 1 of Article 75 of the Law on Geology and Minerals shall comply with Form No. 03 in Appendix III attached hereto.

2. The report on location, quantity, type, and duration of mineral recovery within the area of the mineral production investment project shall comply with Form No. 04 in Appendix III attached hereto;

3. The form of verification of mineral recovery registration shall comply with the following regulations:

a) Verification of mineral recovery registration issued by Presidents of Provincial People’s Committees shall comply with Form No. 05 of Appendix III attached hereto;

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Article 22. forms of documents and materials in management of mineral production, mineral salvaging, and mineral recovery

1. Form of registration of commencement date of fundamental mine construction and commencement date of mineral production shall comply with the following regulations:

a) Registration of commencement date of fundamental mine construction and commencement date of mineral production shall follow Form No. 01 of Appendix IV attached hereto;

a) Notification of commencement date of fundamental mine construction and commencement date of mineral production shall follow Form No. 02 of Appendix IV attached hereto;

2. Forms of logbooks of quantities and quality of mineral produced shall comply with the following regulations:

a) Logbooks and inventory records of raw mineral quantities, spoil quantities (if any), mineral quantities to be processed, and mineral quantities after processing shall comply with Form No. 03 of appendix IV attached hereto;

b) Logbooks of contents and percentage of beneficial minerals in produced raw minerals, in concentrates or products retrieved after processing mineral in accordance with mineral production projects shall comply with Form No. 04 of appendix IV attached hereto.

3. Mining status maps and cross-section status maps of the mineral production sites shall comply with Form No. 35 in Appendix II attached hereto.

4. The forms of reports used in management of mineral production/mineral recovery comply with the following regulations:

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b) Periodic reports on the production of Group IV minerals shall follow Form No. 06 of the Appendix IV attached hereto

c) Periodic reports on the mineral salvaging shall follow Form No. 07 of the Appendix IV attached hereto

d) Periodic reports on mineral recovery shall comply with Form No. 08 in Appendix IV attached hereto;

dd) Reports on state management of geology and minerals in the provinces/cities shall follow Form No. 09 of the Appendix IV attached hereto.

e) Reports on state management of geology and minerals nationwide shall follow Form No. 10 of the Appendix IV attached hereto.

Chapter V

IMPLEMENTATION CLAUSE

Article 23. Transitional provisions

1. Dossiers/Applications and documents included in mineral production dossiers prepared according to previous forms shall remain legally valid.

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3. If winners of the auction for mineral production rights or organizations/individuals approved by competent authorities for survey and general assessment of Group IV minerals prior to the effective date of this Circular have not completed such survey and assessment, they shall continue to follow Circular No. 01/2025/TT-BTNMT dated January 15, 2025; except that the procedure of confirming the result of survey and general assessment of Group IV minerals shall be carried out in accordance with  this Circular.

Article 24.  Effect

1. This Circular comes into force from the date on which it is signed.

2. From the effective date of this Circular, the following Circulars shall be annulled:

a) Circular No. 51/2015/TT-BTNMT dated November 26, 2015, of the Minister of Natural Resources and Environment providing guidance on the content of specialized inspections in minerals;

b) Circular No. 45/2016/TT-BTNMT dated December 26, 2016, of the Minister of Natural Resources and Environment on the Scheme for  mineral exploration, mine closure, forms of report on mining operations, forms of documents included  in applications for licensing  mining operations, applications for mineral reserve approval; procedures for mine closure;

c) Circular No. 51/2017/TT-BTNMT dated December 26, 2016, of the Minister of Natural Resources and Environment on the Scheme amending Circular No. 45/2016/TT-BTNMT;

d) Circular No. 17/2020/TT-BTNMT dated December 24, 2020, of the Minister of Natural Resources and Environment regulating the preparation of mining status maps and cross-section status maps of permitted production sites, statistics and inventory of mined mineral reserves, and procedures, methods, forms for determining actual produced mineral quantities;

dd) Article 1 of Circular No. 19/2023/TT-BTNMT dated November 15, 2023, of the Minister of Natural Resources and Environment amending and annulling some circulars under issued by the Minister of Natural Resources and Environment;

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Article 25. Responsibility for implementation

1. Ministries, ministerial agencies, Government agencies, and Presidents of People's Committees at all levels are responsible for directing the implementation of this Circular.

2. Departments of Agriculture and Environment of provinces and cities shall assist the Provincial People's Committees in implementing this Circular in their province and cities.

3. Relevant organizations and individuals are responsible for implementing this Circular./.

PP. MINSTER
DEPUTY MINISTER




Tran Quy Kien