Standardizing mine design: Ministry of Industry and Trade seeks comments on draft new circular

The Ministry of Industry and Trade is widely soliciting opinions on the draft Circular regulating the basic design content of mineral exploitation investment projects and mine design.

Why review and synchronization?

According to the Department of Industry ( Ministry of Industry and Trade ), mineral exploitation is a special industry, associated with the use of non-renewable resources, with many potential risks to the environment and labor safety. Unlike the usual construction and manufacturing industries, mineral exploitation activities are closely dependent on natural geological conditions, fixed mine locations, mineral types and specific exploitation methods.

Synchronize the legal system related to mine design in accordance with practical requirements and current legal regulations. Photo: TT

Therefore, the rigid application of general legal regulations, especially those in the field of construction investment, will not accurately reflect the technical nature and operational characteristics of this industry. Therefore, it is necessary to have a separate, specialized and appropriate legal system for the management of mineral exploitation in order to ensure effective control of the exploitation process, improve the efficiency of resource use, protect the environment and ensure the safety of workers.

The Department of Industry pointed out that, implementing the provisions in Clause 3, Article 61 of the Law on Minerals No. 60/2010/QH12 dated November 17, 2010 and the Decrees guiding the Law, the Ministry of Industry and Trade has developed and issued Circular No. 26/2016/TT-BCT dated November 30, 2016 regulating the contents of preparation, appraisal and approval of construction investment projects, construction design and construction estimates of mineral mine works (Circular 26). After 8 years of application, the legal documents that are the basis for the development of Circular 26 have been amended, supplemented and replaced. Therefore, the application of this Circular in the preparation, appraisal and approval of construction investment projects, construction design and construction estimates of mineral mine works has some shortcomings in terms of legal basis. The development of a new Circular to replace Circular 26 is very urgent.

On November 29, 2024, the National Assembly passed the Law on Geology and Minerals No. 54/2024/QH15 (effective from July 1, 2025), replacing the Law on Minerals No. 60/2010/QH12.

In Clause 4, Article 61 of the Law on Geology and Minerals No. 54/2024/QH15, the Ministry of Industry and Trade is assigned the task of regulating the basic design content of mineral exploitation investment projects and mine design. To carry out the above task, the Ministry of Industry and Trade has drafted a Circular regulating the basic design content of mineral exploitation investment projects and mine design. Currently, the draft Circular is being widely consulted.

Continue to improve institutions, policies and laws on minerals

The main objectives of developing and promulgating the Circular regulating the basic design content of mineral exploitation investment projects and mine design include: Firstly, updating the basic design content and mine design: The new Circular will specify in detail the basic design content of mineral exploitation investment projects and mine design, ensuring compliance with current regulations and new technical requirements.

Second, in accordance with the provisions of the law on construction, investment and other relevant legal provisions: The new Circular will guide the preparation of mine designs in a single or multiple-step sequence, in accordance with the provisions of the law on construction, investment, environment...

Third, ensure consistency and efficiency in management. The issuance of the new circular will help synchronize regulations related to mine design (design, mine design appraisal, mining licensing, safety and environmental management, mining operation inspection, etc.). Thereby, enhancing the monitoring and management capabilities of state agencies, while creating favorable conditions for organizations and individuals to establish investment projects in the field of mineral exploitation.

The Draft Circular consists of 7 Articles and 11 Appendices. In addition to general provisions on scope of regulation, subjects of application, effective date and transitional provisions, the content of the Circular focuses on two specific main groups of regulations:

Basic design content of mineral exploitation investment project (including 03 guidance appendices): Based on comments from relevant agencies, units and organizations on difficulties and obstacles in the implementation of Circular No. 26/2016/TT-BCT dated November 30, 2016, review and complete regulations on related contents, eliminate unnecessary regulations, consider adding regulations and strict requirements on safety, environment... on the basis of the main mineral exploitation methods: Open-pit mining, underground mining and pump-suction mining.

Mine design content (including 09 guidance appendices): Based on the specific characteristics of the mining industry and practical requirements in state management, while closely following the provisions of the law on construction related to the sequence of construction design, the draft Circular adjusts and supplements the system of forms and guidance appendices to suit the technical characteristics of each mineral exploitation method and construction design steps.

The implementation of the provisions in the draft Circular will contribute to synchronizing the system of legal regulations related to mine design, in accordance with practical requirements and current regulations of the Law on Geology and Minerals, the Law on Construction, the Law on Environmental Protection and other relevant documents.

Notably, when issued and applied, the Circular will enhance the monitoring and management capacity of competent state agencies in the appraisal, licensing, inspection and examination of mineral exploitation projects.

On that basis, create favorable conditions for organizations and individuals in establishing, submitting for appraisal and implementing mineral exploitation investment projects through a system of clear and transparent forms and instructions. At the same time, ensure consistency, transparency and feasibility in implementing the steps of basic design and mine design according to each type of exploitation.

The Circular also contributes to seriously and effectively implementing the major policies and orientations of the Party and State, especially the guiding spirit in Resolution No. 10-NQ/TW dated February 10, 2022 of the Politburo on the Strategy for Geology, Minerals and Mining Industry to 2030, with a vision to 2045. In which, it emphasizes the requirement: "Perfecting institutions, policies and laws on minerals; improving the effectiveness and efficiency of state management; exploiting and using mineral resources reasonably, economically, effectively and sustainably".

The Ministry of Industry and Trade has completed the drafting of the Circular regulating the basic design content of mineral exploitation investment projects and mine design and is widely consulting for further research and completion before submitting to the Ministry's leaders for consideration and approval.

Duy Anh

Source: https://congthuong.vn/chuan-hoa-thiet-ke-mo-bo-cong-thuong-lay-y-kien-du-thao-thong-tu-moi-384179.html