Thông tư 61/2017/TT-BTNMT quy trình xác định và mẫu biểu thống kê sản lượng khoáng sản khai thác

THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

Circular No. 61/2017/TT-BTNMT dated December 22, 2017 of the Ministry of Natural Resources and Environment on prescribing process and method for determination and sample statistical charts of actual mining output 

Pursuant to the Law on Minerals No. 60/2010/QH12 dated November 17, 2010;

Pursuant to the Government s Decree No. 36/2017/ND-CP dated April 4, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the Government s Decree No. 158/2016/ND-CP dated November 29, 2016 specifying and guiding the implementation of a number of articles of the Law on Minerals;

Upon the request of the Director of the General Department of Geology and Minerals of Vietnam and the Director of the Department of Legislation;

The Minister of Natural Resources and Environment hereby issues the Circular prescribing process and method for determination and sample statistical charts of actual mining output. 

Article 1. Scopeof adjustment

This Circular elaborates on the process and method for determination and sample statistical charts of actual mining output provided in Article 41, 42 and 43 of the Government s Decree No. 158/2016/ND-CP dated November 29, 2016 specifying and guiding the implementation of a number of articles of the Law on Minerals (hereinafter referred to as the Decree No. 158/2016/ND-CP).

Article 2. Subjects of application

This Circular shall apply to mining organizations or individuals obtaining licenses granted by competent authority in accordance with regulations in force; entities accorded the regulatory authority over minerals and other entities or individuals related to determination of actual mining output.

Article 3. Determination of actual mining output

Mining organizations and individuals shall be responsible for complying with provisions laid down in this Article to determine the output of actually extracted minerals, including:

1. Opening, updating and managing books and documents on engineering issues, materials on financial issues under the provisions of Clause 2 and 3 Article 41 of the Decree No. 158/2016/ND-CP and sample table charts of actual mining output hereto attached. 

2. Implementing provisions laid down in Clause 2 Article 42 of the Decree No. 158/2016/ND-CP.  Weigh stations must be stationary, match specific topographic conditions of mines, ensure that they are likely to control all of actually extracted minerals and type and size of scales installed at these weight stations correspond to scale, capacity and engineering infrastructure of mines and types of minerals to be extracted as well as types of transport equipment carrying minerals.        Upon compliance with the aforesaid rules, engineering infrastructure used for installation of weigh stations shall be selected and constructed.

3. Implementing provisions laid down in Clause 3 Article 42 of the Decree No. 158/2016/ND-CP and integrating actual mining output data, including data on output of major minerals, accompanying minerals and waste aggregates (if any), into regular annual reports on mineral extraction.

4. Implementing regulations set out in Article 43 of the Decree No. 158/2016/ND-CP. Mining organizations and individuals shall be legally liable for accuracy of data and information included in books, technical materials, invoices and financial evidence documents, statistical tables or templates and other relevant materials for determination of actual mining output.

5. Determination of actual mining output must conform to the process and method referred to in this Circular. 

Article 4. Process for determination of output of solid minerals actually extracted from solid mineral deposits 

The output of actually extracted solid minerals shall be determined according to the following process:  

1. Based on the approved mine design, 5-year mining plan and current state of the mining sites closed in the preceding year, mining organizations and individuals draw up the (estimated) mining plan for the calculation year.      

2. Preparing books used for recording and storing updated data and information at specific mining stages, including mining site earthworks, preparation, drilling or blasting (if required); excavation, shoveling and removal of surface materials; mineral transportation; mineral screening, sieving, separation and enrichment (if required), and data and information about crude ores storage facilities (if any).    

3. Measuring, recording and updating volume and quality of each activity (with respect to any activity which may be measured and of which volume is determined directly); checking documentation and results of measurement activity for site map update, estimating volume of each activity (with respect to any activity that must be measured and of which volume is determined through current state maps or cross-sections; drawings or spreadsheets, etc.) for specific mining stages in books referred to in Clause 2 of this Article.     

4. Checking and preparing acceptance testing reports on volumes which have been recorded and measured for specific activities at each mining stage; collecting invoices, evidencing documents, accounting records and results of assessment of mineral quality (if any) for determination of actual mining output. 

5. Combining data and information which have been recorded and updated into statistical charts similar to sample ones hereto attached; comparing actual mining output with total actual volume (including waste aggregates and useful minerals) which is determined as of December 31 of the calculation year; making comparison with the (estimated) mining plan referred to in Clause 1 of this Article for any adjustment made in the succeeding year. 

Article 5. Process for determination of output of minerals actually extracted by households licensed to extract and trade riverbed sand and gravel, including recovering sand from channel dredging and improvement projects 

Determination of actual mining output of business households, family households or individuals licensed to extract ordinary construction minerals shall be subject to provisions laid down in Point b Clause 2 Article 64 of the 2010 Law on Minerals while the actual mining output of those licensed to extract and trade riverbed sand and gravel, including recovering sand from channel dredging and improvement projects shall be determined according to the following process:

1. Preparing books used for recording and storing updated data and information during the mining process and for each mining stage (if any) in accordance with Clause 2 Article 4 hereof.   

2. Measuring, recording and updating volume and quality of each activity in books as prescribed by Clause 1 of this Article; collecting a full amount of invoices, evidencing documents, accounting records and results of assessment of mineral quality (if any) for determination of actual mining output. 

3. Combining data and information which have been recorded and updated into statistical charts similar to sample ones No. 01, 03, 04, 05 and 06 hereto attached; comparing actual mining output with total actual volume (including waste aggregates and useful minerals (if any)) which is determined as of the 31stof December of the calculation year. 

Article 6. Process for determination of output of minerals actually extracted from mineral water and natural hot water deposits 

The actual mining output of mineral water and natural hot water deposits shall be determined according to the following process:  

1. Based on the approved mine design and the preceding year’s actual mining output, mining organizations and individuals draw up the (estimated) mining plan for the calculation year.      

2. Preparing books used for recording and updating data and information about the consumption flow of upstream mineral water; about volume of mineral water and hot water for different uses achieved during the production process carried out in each mining stage according to the approved mine design.

3. Recording and updating the actual flow in books as prescribed by Clause 2 of this Article; collecting a full amount of invoices, evidencing documents, accounting records and results of assessment of quality of mineral water and hot water (if any) for determination of actual mining output. 

4. Combining data and information which have been recorded and updated into statistical charts similar to sample ones No. 03, 04, 05 and 06 hereto attached; synthesizing the actual flow which is determined as of the 31stof December of the calculation year. 

Article 7. Method for determination of actual solid mineral mining output 

Depending on types of solid minerals which have been extracted, the actual mining output thereof under Clause 1 Article 42 of the Decree No. 158/2016/ND-CP shall be determined as follows:

1. Where there is none of waste aggregates and accompanying minerals which are produced from extraction activities at a mine, the actual mining output is defined as the arithmetic mean of output values calculated based on the following data sources:

a) Output data acquired from the direct measurement of amount of mine aggregates carried out at mining positions, based on current state maps and cross-sections of mining sites. 

b) Output data derived from statistics and compilation of those recorded in books used for specific mining stages (e.g. shoveling and transportation, etc.).

c) Output date determined according to limits for consumption of raw materials and fuels, and based on the general statistics of documents evidencing consumption of raw materials, fuels and industrial explosives (if any) in the calculation year.

d) Output data which are selected and obtained from invoices and financial evidencing documents available in the calculation year, and in which the general loss factor is taken into account. 

2. Where there are waste aggregates and accompanying minerals which are produced from extraction activities at a mine, the actual mining output is defined as the arithmetic mean of output values calculated based on the following data sources:

a) Output data derived from statistics and compilation of those recorded in books storing data and information about earthworks and site preparations and specific mining stages (e.g. shoveling and transportation, etc.).

b) Output data derived from statistics and compilation of those recorded in books storing data and information about minerals undergoing screening, sieving, separation and enrichment (if any) stages.

c) Output date determined according to limits for consumption of raw materials and fuels, and based on the general statistics of documents evidencing consumption of raw materials, fuels and industrial explosives (if any) in the calculation year.

d) Output data which are selected and obtained from invoices and financial evidencing documents available in the calculation year, and in which the general loss factor is taken into account. 

3. Deviation of data of actual mining output determined at specific mining stages which are referred to in Point b Clause 1 and Point a Clause 2 of this Article; data determined in relation to specific data sources referred to in Clause 1 and Clause 2 of this Article shall not, in comparison with each other, exceed the normal loss factor (expressed in %) which is defined according to the approved mine design.   Volume of waste aggregates and actual mining output of major minerals and accompanying minerals which is referred to in Clause 2 of this Article must be statistically reported and enumerated on a separate basis. 

Article 8. Method for determination of output of minerals actually extracted by households licensed to extract and trade riverbed sand and gravel, including recovering sand from channel dredging and improvement projects 

Determination of actual mining output of business households, family households or individuals licensed to extract ordinary construction minerals shall be subject to provisions laid down in Point b Clause 2 Article 64 of the 2010 Law on Minerals while the actual mining output of those licensed to extract and trade riverbed sand and gravel is defined as the arithmetic mean of output values determined from the following data sources:

1. Output data obtained from statistics and compilation of those recorded in books recording and updating mineral volumes in the calculation year.

2. Output data obtained from statistics and compilation of those recorded in invoices and financial evidencing documents existing in the calculation year.

Article 9. Method for determination of output of minerals actually extracted from mineral water and natural hot water deposits 

The actual mining output of mineral water and natural hot water deposits which is defined as the arithmetic mean of output values shall be calculated based on the following data sources:

1. Output data derived from statistics and compilation of those recorded in books on the flow of mineral water and natural hot water measured at drilling holes (with respect to mineral water and natural hot water extracted from drilling holes) or from compilation of those existing in specific stages of consumption of mineral water and natural hot water for different uses during the production process according to the approved mine design (with respect to mineral water or natural hot water extracted from spring or spa sources).

2. Output data obtained from statistics and compilation of those recorded in invoices and financial evidencing documents existing in the calculation year.

Article 10. Sample statistical charts for determination of actual mining output 

Statistics for determination of actual mining output shall be described through sample charts hereto attached, including: 

1. Sample statistical chart No. 01. Results of acceptance testing of monthly mineral volumes specific to technological stages with respect to the opencast mining technique. 

2. Sample statistical chart No. 02. Results of acceptance testing of monthly mineral volumes specific to technological stages with respect to the underground mining technique. 

3. Sample statistical chart No. 03. Report on the amount of minerals actually extracted, processed, consumed and kept in storage facilities in the reporting year. 

4. Sample statistical chart No. 04. Statistics of the amount of crude ores passing through weigh stations.

5. Sample statistical chart No. 05. Statistical chart of annual actual mining output specific to extraction technological stages and amounts of actually consumed industrial explosives. 

6. Sample statistical chart No. 06. Statistics of certain main mining indicators. 

Article 11.Effect

This Circular takes effect on March 07, 2018.

Article 12. Implementationorganization

1. The General Department of Geology and Minerals of Vietnam shall be responsible for guiding, expediting and inspecting compliance with this Circular.

2. People’s Committees of centrally-affiliated cities and provinces shall command Departments of Natural Resources and Environment to expedite determination of actual mining output of mining organizations and individuals awarded mining licenses under their licensing authority prescribed by Clause 2 Article 82 of the 2010 Law on Minerals; combine actual mining output data within their jurisdiction into annual reports on their delegated regulatory authority over minerals and then submit them to the Ministry of Natural Resources and Environment for its reporting to the Prime Minister in accordance with regulations in force.    

3. Any difficulties arising in the course of implementation may arise, entities, organizations and individuals should promptly inform the Ministry of Natural Resources and Environment for its review and decision on any proper modification or supplementation./.

For the Minister

The Deputy Minister

Nguyen Linh Ngoc

Sample statistical chart No. 01. Results of acceptance testing of monthly mineral volumes specific to technological stages with respect to the opencast mining technique 

(Issued together with the Circular No. 61/2017/TT-BTNMT dated December 22, 2017 of the Ministry of Natural Resources and Environment)

Note:Households licensed to extract and trade riverbed sand and gravel, or recover sand from channel dredging and improvement projects, are not required to fill in columns (3) and (4); and columns (5) and (6) if they do not perform these activities.

Sample statistical chart No. 02. Results of acceptance testing of monthly mineral volumes specific to technological stages with respect to the underground mining technique

(Issued together with the Circular No. 61/2017/TT-BTNMT dated December 22, 2017 of the Ministry of Natural Resources and Environment)

Sample statistical chart No. 03. Report on volume of minerals actually extracted, processed, consumed and kept in storage facilities in the reporting year… 

(Issued together with the Circular No. 61/2017/TT-BTNMT dated December 22, 2017 of the Ministry of Natural Resources and Environment)

Note: Ifmineral products after being extracted or processed are of multiple types (including major and accompanying ones), they must be all entered in the chart. Volume of specific mineral products kept in stock must be recorded in full and shall not be included in the succeeding year’s mining output.

Sample statistical chart No. 04. Statistics of the amount of crude ores passing through weigh stations

(Issued together with the Circular No. 61/2017/TT-BTNMT dated December 22, 2017 of the Ministry of Natural Resources and Environment)

Note:This chart is intended for recording of data in books recording the amount of crude ores passing through weigh station. Based on results regarding the daily amount of crude ores passing through weigh station, the monthly amount shall be calculated prior to coming up with the final amount of the reporting year.    

Sample statistical chart No. 5. Statistical chart of annual actual mining output specific to extraction technological stages and amounts of actually consumed industrial explosives, and invoices and evidencing documents 

(Issued together with the Circular No. 61/2017/TT-BTNMT dated December 22, 2017 of the Ministry of Natural Resources and Environment)

Year:……………

Note:Households licensed to extract and trade riverbed sand and gravel, or recover sand from channel dredging and improvement projects, are not required to fill in columns (2), (3), (4) and (5); and column (6) if this stage is not applicable.

Sample statistical chart No. 6. Statistics of certain main mining indicators 

(Issued together with the Circular No. 61/2017/TT-BTNMT dated December 22, 2017 of the Ministry of Natural Resources and Environment)

DA:Figure acquired based on the mine investment project/design

TH:Figure indicating project/design execution