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MINISTRY OF COMMERCE
Number: 33 /2012/TT-BCT
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 14, 2012
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IT ' S SMART
The regulation of planning, appraisal and approval of the mine design, the investment project building solid mineral deposits
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Number One Mineral Laws 60 /2010/QH12;
Base of Protocol 189 /2007/NĐ-CP December 27, 2007 of the Government regulates the function, mandate, jurisdiction and organizational structure of the Ministry of Commerce and the Digital Protocol. 44 /2011/NĐ-CP June 14, 2011 by the revised Government, the addition of Article 3 of the decree 189 /2007/NĐ-CP;
Base of Protocol 12 /2009/NĐ-CP February 12, 2009 by the Government on the management of the investment project building and the Digital Protocol. 83 /2009/NĐ-CP October 15, 2009 amendment, adding some of the provisions of the Digital Protocol 12 /2009/NĐ-CP;
At the suggestion of the Heavy Industries Chief;
The Minister of Public Works of the Ministry of Commerce issued the planning, appraisal, approval of the mine design and the investment project for the construction of solid mineral deposits as follows:
1. This information regulates the establishment, appraisal, design approval and investment project building the solid mineral deposits of all economic components, using all capital resources.
2. This information applies to organizations, individuals with solid mining operations and organizations, the individual consulting of mine design, appraisal, mining design and investment project construction of solid mineral deposits.
1. Mine, the mining sector of the National Critical Project is approved by the National Assembly;
2. Mine, the mines present in the portfolio of the Industry Planning have been granted jurisdiction and have the decision to approve the mineral reserves of the competent state agency, which has a total investment capital of more than 15 billion;
3. Mine, the mines are not in the Industry Planning, or the Industry Planning, which has not yet been approved, but has the text of the grant authority approving the planning consent to add to the Planning or Permit Investment, which has a total investment capital of more than 15 billion dollars and have the decision to approve the mineral reserves of the competent state agency.
4. Mine, the mining area of the value-based mining rights auction, has a total investment capital of more than 15 billion and has the decision to approve the mineral reserves of the state authority to be competent.
5. For the mine that has a total investment of less than 15 billion dollars, it is not the investment project to build a bill that has only established the Economic Report-the engineering construction engineering under regulation at Article 13 of the Digital Protocol. 12 /2009/NĐ-CP February 12, 2009 (Decree No. 12 /2009/NĐ-CP ) of the Government.
1. The investment project content builds on the current implementation of the procedure at Articles 6, 7 and 8 Digital Decree. 12 /2009/ND-CP, including Project Theory and Basic Design.
a.
The Project Theory of Investment Projects for the construction of mining work by means of a route or a furnace tunnel is currently prescribed at Article 7 of the Digital Protocol. 12 /2009/NĐ-CP and detailed instructions on Appendix 1 and Annex 2 issued by this message.
b. Basic Design Content
The underlying design includes the Design and Accompanying Drawing, which demonstrates the design methods, which is the base to determine the total investment, the economic efficiency calculation, the choice of investment methods, and to deploy the next design steps.
The base design content of the Investment Project that builds the current implementation of the procedure at Article 8 Digital Protocol. 12 /2009/NĐ-CP and detailed instructions on Annex 3 and Annex 4 issued by this message.
2. Economic Reporting content-the construction of the field works by regulation at paragraph 4, Article 35 The Building Law and the content of detail at the request of the competent Persons to determine the investment.
The design included engineering design and drawing design.
The contents of the engineering design, design of the construction of solid mineral mining work, when establishing the basis of the investment design content of the investment project was granted the authority to approve, process, and calculate the details of the elements, spend on experience. The technique of the methods outlined in the Design and Complementary Methods (if available) to compare, choose and comply with the National Technical Standards, National Standard of the Existing National Criteria (e.g. QCVN 01 :2011/BCT, QCVN 02 :2011/BCT, QCVN) 04 :2009/BCT, TCVN 5326:2008, TCVN 6780-1-44:2009, The Statoil of the Coal and Furnace Extraction, and 18-TCN-5-2006).
1. The organizations, individuals who advise have sufficient capacity by regulation at the Digital Notice. 22 /2009/TT-BXD July 6, 2009 (Digital) 22 /2009/TT-BXD ) of the Department of Construction, which is the basis of the design design of the investment project building the mine and the mine design.
2. For the bill that does not have to set up the project to build a work that has only the Economic Report-the engineering construction technique, only the consulting businesses have enough capacity under the regulation at Digital. 22 /2009/TT-BXD of the newly created Department of Construction-engineering-construction engineering.
The agency with the authority to specify the Investment Project to build the bill is regulated at Article 10 of the Digital Protocol. 12 /2009/NĐ-CP of the Government, namely:
1. The state appraisal council on investment projects under the decision of the Prime Minister's decision to implement the appraisal Project of the Mining Building and other projects decided by the Prime Minister to invest.
2. Ministry of Commerce, People's Committee of the Provinces, the Central Committee of the Central Committee of the Central Committee of the Central Committee of the Central Committee of the Central Committee of the Central Committee of the Central Committee of the Central Committee of the Central Committee of the United States, decided to set up a project to determine the investment project of the investment project.
3. For the Investment Project that builds another mine, the competent person decides to invest self-determination in the form, the organization performs the appraisal.
4. For the bill that does not have to set up a work-building investment project that just sets up the Economic Report-the mining engineering, then the competent person who decides to invest the investment owner hires the consulting business in terms of regulation at the site. Number. 22 /2009/TT-BXD of the Ministry of Construction to implement the Economic Reporting appraisal-the engineering of the construction of the mine.
1. The Ministry of Industry joined the opinion on the basis of the foundation design of the National Important Mining Construction Project, project investment project Building A. General Energy was the ministry ' s lead agency on consultation on the design of the First Projects Project. Construction of the coal mine; Heavy Industries is the leading agency to the opinion of the design of other mineral deposits (in addition to coal) by jurisdiction.
2. The Ministry of Construction joined the opinion on the basis of the foundation design of the mining project construction of mineral deposits as building materials and materials for the production of Group A. cement.
3. The Department of Commerce is the state agency responsible for participating in the opinion on the basis design of the investment projects built in the B group, C built locally.
4. The construction department is the state agency responsible for participating in the opinion on the basis design of the investment projects building the mineral deposits as building materials and materials for cement production of Group B, C built locally.
5. For the bill that does not have to set up a work-building investment project that has only established the Economic Report-the engineering of the mining and the establishment of the facility, then the person with the authority to decide on investing only decides to invest after a written opinion. of the Department of Commerce or the Department of Construction for the Content Reporting Content-engineering construction engineering and design of the construction work.
1. The filing of the appraisal, approval of the Mining Building Investment Project, includes:
a. Construction of the building. sample at Appendix II issued with Number Protocol 12 /2009/NĐ-CP of the Government ()
b. The Project Profile includes the Investment Project Theory Building Construction Project and Basic Design;
c. The opinion on the basis design of the state agency has jurisdiction;
d. The text allows for investment in the National Critical Project; the Office approve the planning grant of the competent grant; Text to the investment of the competent grant;
e. Text on the planning of construction, environmental protection of the state agency with jurisdiction;
g. Other legal texts are related to the project, the investment owner, the business, the organization or the individual as consulting work, design; and
The number of specific cases at the request of the appraisal agency, but at least nine ministries.
2. File for opinion on facility design
a. It ' s the number one and two with this. ()
b. The legal profile of the Enterprise is the owner of the investment and the Enterprise or the individual as a consultant (Business establishment license, Business Registration, Certificate of Business condition, Business Certificate);
c. The copy of the documents of the state governing body, the license is related to the exploration work, mining of minerals and the approved text of geological materials, terrain, mineral reserves used to design;
d. The decision to approve the adoption of the foreign standard of the competent grant in the case of the Design applicable to foreign standards (implemented according to Digital). 40 /2009/TT-BXD December 9, 2009 by the Minister of Construction Regulation the adoption of foreign construction standards in construction activity in Vietnam);
e. The investment project for the construction of the mine (completed, the number of specific cases at the request of the state agency is consulted, but at least three ministries).
When applying for an opinion of state agencies to manage the construction of a specialized construction work on the Design of the facility, the investment master must pay the appraisal fee to state agencies under the regulatory rate of the existing law.
3. The Organization of Appraisal
a. A project appraisal of the Investment Project Building the Documentation Preparation and other necessary work for the appraisal, take on the case, conduct the appraisal, aggregate the opinion of the agencies and draft the investment decision to provide competent authorities. approval.
b. The consultation agency for the Design of the Documentation Preparation and other necessary work for the reception of the profile, study, review, examination, and text preparation for granting competent text permission to the Office of the Mailing Basis to the Chair. The investment and the person with the authority to make an investment decision (Text to engage the idea of the Basic Design by Form No. 3 and Form 4 issued this message).
The duration of the Project appraisal and the intention to comment on the prescribed basis design by regulation at paragraph 2 of Protocol No. 1. 83 /2009/NĐ-CP October 15, 2009 and paragraph 7 article 10 of the Digital Protocol 12 /2009/NĐ-CP February 12, 2009 of the Government.
1. Content appraisal of the Investment Project Building on the Regulation at Article 11 of the Digital Protocol 12 /2009/NĐ-CP of the Government, namely:
a. The needs and suitcases of the project with economic-social development planning, industry development planning, construction planning, related engineering network planning; the unplanned case has to have the opinion of the state governing body. That ' s the water. The response to market demand in and out of the country of the project product. The rationalization, the feasibility and implementation of the technical solution. Safe solution, industrial hygiene.
b. The full and consistent project of the Mining Investment Project for the extraction method or the furnace tunnel (regulated at Appendix 1 and Appendix 2 of this Information).
c. The appropriate comparison to the Building-Building Investment Report has passed the Congress through advocated and the Prime Minister authorized the investment of the investment project construction of the national key mining project, or the work done by the Prime Minister to the investment.
d. The appropriate design of the design design of construction planning, construction scale, technology, design capacity, construction level.
e. Legal, reliability of the materials used in the design.
g. The standards, standards applicable, economic indicators-technical compared to the requirements of the project.
h. The suitcases of the design of the facility design with architectural methods have been selected through the examination for the field of architectural variation.
i. The rationality of the design solutions is selected in the Basic Design.
C. The official participation in the opinion of the state agency has the authority on the design of the facility.
l. The text of the grant has jurisdiction over environmental protection and restoration of the ecological environment.
m, which defines the capital investment and economic efficiency-the society of the project, assessing the risk level of the Project.
n. Conditions, the legal status and the executive capacity of the consulting organization or of the individual of the Project and the Basic Design Project.
2. For the mining project to establish the Economic Report-the engineering construction technique stated at Article 13 of the Digital Protocol. 12 /2009/ND-CP, then the work appraisal is prescribed at Article 3 of the Digital Information 03 /2009/TT-BXD March 26, 2009 by the Ministry of Construction.
3. Content participant opinion on facility design
a. The legal documents of the Project (on the legal status of the investment owner, of the advisory body, the investment of investments, the geology of the mine, the project to build the project).
b. The consistent design of the base design with economic-social development planning, industry development planning, construction planning, land use planning, technical infrastructure planning, and other relevant planning.
c. The connection to the engineering infrastructure outside the mine.
d. The adoption of standards, technical standards, technical rule, safety in mining, environmental protection, labor protection, fire prevention.
Fuck. The rationalization of the design solutions of the selection method in the Basic Design.
e. The full and consistent content of the Content Design (regulated at Annex 3 and Annex 4).
g. conditions, legal status and the executive capacity of the consulting organization or of the individual establishment of the facility design.
1. The authority decides to invest the construction of the prescribed field work at Article 12, Protocol No. 1 12 /2009/NĐ-CP of the Government, namely:
a. The Prime Minister decides to invest the national key mining projects under the National Assembly resolution and other important projects.
b. The minister, senior agency chief, Chairman of the Provincial Committee, the district decides to invest the investment projects using budgetary funds; the B and C group project can authorize the subordinate agency directly.
c. The investment owner self-determines investing and self-responsibility for mining investment projects using other capital and mixed capital capital.
2. Content Decision to approve the Investment Project Building the Mine implementation by Annex III issued by: with Decree No. 12 /2008/NĐ-CP of Government and is detailed in detail at Form 5 and 6 issued by this Smart. .
1. Appraisal, Technical Design Appropriation, Public Rendering Design of the Investment Project Building implementation of the field work on regulation at Article 18 of the Digital Protocol. 12 /2009/NĐ-CP February 12, 2009 by the Government on the management of the investment project construction project.
2. For the mining project to establish the Economic Report-Engineering Construction Engineering (stated at Article 13 of the Digital Protocol). 12 /2009/NĐ-CP), then the work of appraisal, approval of the design of the execs of the implementation of the field work by regulation at Article 3 of the Digital Information 03 /2009/TT-BXD March 26, 2009 by the Ministry of Construction.
Depending on the specific characteristics of each type of solid mineral (coal, metal ore, non-metal, construction materials and cement production materials), on the basis of instruction content at the Annex 1, 2, 3 and 4 issued by this message, the person with the authority. The right to determine the right to invest in the right to invest, adjust the contents of the Appendix to the right and be responsible for the addition, adjustment.
Article 14 . Performance Performance
This message comes into effect from January 1, 2013 and replaces the Digital Digital. 03 /2007/TT-BCN June 18, 2007s of the Ministry of Industry for the Guidance, appraisal and approval of the Investment Project building the solid mineral mining work.
State administration agencies and organizations, individuals stated at the 2 Article 1 of this information are responsible for the implementation of the implementation. In the course of execution, if there is a problem, the agency, the individual who does have the text report to the Ministry of Commerce to review, solve.
KT. MINISTER. |
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(signed) |
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Quang Yang Quang |
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