| Question: I intend to use soil, mine waste rock, and tailings generated from lead zinc mining and processing activities of an operating mine for another project. Please advise the applicable conditions for the project and for the intended user, whether and in which cases I must register mineral recovery and obtain a written confirmation prior to recovery and use, which authority is competent to issue the confirmation, and the required dossier components.
Answer: 1. Definition and principles of use - The recovery of minerals within the scope of a mineral mining investment project applies to overburden soil, waste rock, and tailings generated from an operating mine, whether or not they have been stored at waste dumps or tailings storage facilities. Principles of use: - Overburden soil and waste rock: priority is given to environmental rehabilitation and restoration; ground leveling and construction works within the mining project; use for transportation, construction, and socio-economic development; in conjunction with the requirement to maximize the recovery of valuable minerals in line with the circular economy. - Tailings: priority is given to maximizing the recovery of valuable minerals; where recovery is not feasible, they may be used for purposes similar to those applicable to overburden soil and waste rock. (Legal basis: Clauses 1 and 2 Article 69, point a clause 1 Article 97 of Decree No. 193/2025/ND-CP). 2. Conditions applicable to a project using soil, mine waste rock, and tailings from an operating mine - The recovery and use are only applicable within the land area of the mineral mining investment project. - With respect to overburden soil, waste rock, and tailings from an operating mine, whether or not they have been stored at waste dumps or tailings storage facilities, their use must comply with the priority orientation prescribed by law. - Tailings may only be used for other purposes where the recovery of valuable minerals is not feasible. (Legal basis: Clauses 1 and 2 Article 69, point a clause 1 Article 97 of Decree No. 193/2025/ND-CP). 3. Requirement to register mineral recovery and the case where tailings registration is not required - For soil and waste rock obtained from lead zinc mining activities, the organization or individual must register the recovery of soil, waste rock, and tailings and must obtain a confirmation of mineral recovery registration from the competent authority prior to recovery and use. - For tailings obtained from lead zinc mining activities, if tailings are used directly to construct works belonging to the same mineral mining investment project, the mineral recovery registration procedure is not required; such use is conditional upon the tailings volume having been approved in the environmental dossier or the mineral mining investment project in accordance with law. - For mineral recovery in overlapping areas of a mineral mining project, the investor may recover minerals only where minerals in the overlapping area do not meet conditions for exploitation, the competent state authority has approved the investment policy and basic design, the investor undertakes to maximize mineral recovery prior to construction, and the investor fully performs financial obligations in respect of recovered minerals. (Legal basis: Clauses 3 and 4 Article 69 of Decree No. 193/2025/ND-CP). 4. Competent authority, dossier, and procedure for issuance of a confirmation of mineral recovery registration Competent authority to issue the confirmation: - The Chairperson of the provincial level People’s Committee, except where issuance falls under the authority of the Chairperson of the commune level People’s Committee for the case specified at Point d Clause 1 Article 75 of the Law on Geology and Minerals. - The Chairperson of the commune level People’s Committee for the case specified at Point d Clause 1 Article 75 of the Law on Geology and Minerals. Dossier components for mineral recovery registration: - For recovery of soil, waste rock, and tailings of an operating mine, whether stored or not stored at waste dumps or tailings storage facilities: + Application or registration for mineral recovery using Form No. 01, 02, or 03 as provided in Appendix III of Circular No. 36/2025/TT-BNNMT. + Report on location, volume, type, and recovery schedule (Form No. 04). + Current status map of the mineral recovery area prepared in accordance with Article 13 of Circular No. 36/2025/TT-BNNMT. - For other remaining cases of recovery of soil, waste rock, and - tailings: + Registration form and certificate of registration using Form No. 05 or 06. + Feasibility study report or equivalent documents (if any). + Construction permit (where the case falls under the competence of the commune-level authority). + Mine closure plan or mine closure scheme. (Legal basis: Clause 1 Article 96, Articles 97 and 98 of Decree No. 193/2025/ND-CP; Articles 13 and 21, Appendix III of Circular No. 36/2025/TT-BNNMT; Point d Clause 1 Article 75 of the Law on Geology and Minerals 2024) Consultation reference: Resource and Enviroment |
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