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MINISTRY OF AGRICULTURE AND ENVIRONMENT |
THE SOCIALIST REPUBLIC OF VIETNAM |
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No. 04/2026/TT-BNNMT |
Hanoi, January 16, 2026 |
CIRCULAR
AMENDMENTS TO CERTAIN ARTICLES OF CIRCULARS IN GEOLOGY AND MINERAL RESOURCES
Pursuant to the Law on Geology and Minerals No. 54/2024/QH15 amended by the Law No. 147/2025/QH15;
Pursuant to Decree No. 193/2025/ND-CP dated July 02, 2025 elaborating the Law on Geology and Minerals;
Pursuant to Decree No. 21/2026/ND-CP dated January 16, 2026 on amendments to Decree No. 193/2025/ND-CP dated July 2, 2025 of the Government elaborating the Law on Geology and Minerals and elaborating the Law on amendments to the Law on Geology and Minerals;
Pursuant to Decree No. 35/2025/ND-CP dated February 25, 2025 prescribing the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Environment of Vietnam;
At the request of the Director of the Department of Geology and Mineral Resources of Vietnam;
The Minister of Agriculture and Environment of Vietnam promulgates a Decree on amendments to certain articles of circulars in geology and mineral resources.
Chapter I
AMENDMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 36/2025/TT-BNNMT DATED JULY 02, 2025 ON MINERAL PRODUCTION, MINERAL SALVAGING, AND MINERAL RECOVERY
Article 1. Amendments and supplements to Article 1
“Article 1. Scope
This Circular elaborates the Law on Geology and Minerals, as amended by Law No. 147/2025/QH15; Decree No. 193/2025/ND-CP dated July 02, 2025 of the Government elaborating the Law on Geology and Minerals, as amended by Decree No. 21/2026/ND-CP dated January 16, 2026. Including:
1. Clause 3, Article 57; points d, h, i and n, Clause 2, Article 59; Clause 2, Article 63; Clause 6, Article 64; Clause 5, Article 67, Clause 3, Article 69; points d, g, i and n Clause 2, Article 70; point a, Clause 1, point d, Clause 2 and point h, Clause 4, Article 73; Clause 3, Article 74; point c, Clause 2, Article 76 of the Law on Geology and Minerals, as amended and supplemented by Law No. 147/2025/QH15.
2. Point b Clause 1, Clause 2, Clause 3, Article 7; Clause 8, Article 59; Clause 8, Article 90; Clause 9, Article 91; Clause 4, Article 92; Clause 7, Article 93; Clause 5, Article 97; Clause 3, Article 98 of Decree No. 193/2025/ND-CP; Article 14; Point dd, Clause 3, Article 59a; Point c, Clauses 4, 6, and 7, Article 61; Clause 8a, Article 64; Clauses 3 and 4, Article 67a; Clause 4, Article 95a; Clauses 8 and 12, Article 96; Clause 7, Article 110d; Article 115 of Decree No. 193/2025/ND-CP, as amended and supplemented by Decree No. 21/2026/ND-CP; Point b, Clause 2, Article 5 of Decree No. 21/2026/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; 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 documents included in applications for mineral recovery; forms of reports, documents on inventory and examination of mineral reserve; forms of documents included in applications for approval for mineral exploration at sites where mining operations are prohibited, sites where mining operations are temporarily suspended.”.
Article 2. Amendments and supplements to Article 6
1. Clause 1 is amended and supplemented as follows:
“1. Except for the cases specified in Clause 1a of this Article, 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, Clause 1 Article 55 of Decree No. 193/2025/ND-CP, as amended by Decree No. 21/2026/ND-CP, and comply with the criteria for zoning sites where mineral production right is not auctioned specified in Article 143 of Decree No. 193/2025/ND-CP, as amended by Decree No. 21/2026/ND-CP).
The total investment capital of the mineral production project/plan for the area requested for survey and general assessment of Group IV minerals, which serves as the basis for determining the financial capacity of the organization or individual, shall be determined based on the actual investment rate per mineral volume of a similar project/plan that has been or is currently being implemented;
b) If there is more than 01 organization/individual satisfying the requirements specified in point 1 of this Clause, the organization/individual who submits an application satisfying the requirements specified in Clause 2 of this Article first (based on the submission date) shall be prioritized to be selected; If multiple organizations/individuals submit their application on the same day, priority shall be given to the organization/individual with the greater equity.”.
2. Clause 1a is added after Clause 1 Article 92 as follows:
“1a. For Group IV mineral areas exempted from mineral production right auction in accordance with Clause 5, Article 143 of Decree No. 193/2025/ND-CP, as amended and supplemented by Decree No. 21/2026/ND-CP, the selection of organizations and individuals for the survey and general assessment of Group IV minerals shall be carried out as follows:
a) Selection of construction contractors, investors, or project owners for consideration and approval for the survey and general assessment of Group IV minerals. In cases where multiple construction contractors, investors, or project owners request approval for the survey and general assessment of Group IV minerals, the Chairperson of the Provincial People’s Committee shall decide selecting the Department of Agriculture and Environment shall consider and approve the survey and general assessment of Group IV minerals in accordance with Clause 4 of this Article;
b) In cases where the construction contractor, investor, or project owner does not request approval for the survey and general assessment of Group IV minerals and only proposes another organization or individual to conduct such survey and general assessment, the Department of Agriculture and Environment of province shall consider and approve the survey and general assessment of Group IV minerals. In cases where multiple organizations and individuals request approval for the survey and general assessment of Group IV minerals, the Chairperson of the Provincial People’s Committee shall decide selecting the Department of Agriculture and Environment to consider and approve the survey and general assessment of Group IV minerals in accordance with Clause 4 of this Article;
c) In cases where the construction contractor, investor, or project owner neither request approval for the survey and general assessment of Group IV minerals nor proposes another organization or individual to conduct such survey and general assessment, the selection of organizations and individuals for consideration and approval the survey and general assessment of Group IV minerals shall comply with Clauses 1, 2, and 4 of this Article;
d) Based on the criteria stipulated in points a, b, and c of this Clause, upon mineral production license issuance, the Chairman of the Provincial People’s Committee shall consider and decide on the reserves and volumes permitted for production for each license, provided the construction progress and the usage demands of works and projects within or outside the province.”.
3. Clause 2 is amended and supplemented as follows:
“2. For cases specified in clause 1 of Article 72 of the Law on Geography and Minerals and point c Clause 1a of this Article, 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 as prescribed in Article 55 of Decree No. 193/2025/ND-CP“.”
4. Clause 3 is amended and supplemented as follows:
“3. For cases specified in clause 2 of Article 72 of the Law on Geography and Minerals, except for point c Clause 1a of this Article, 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; introduction document of the investor of the project, work, work item, emergency mobilization specified in Points a, b, c, d, and dd Clause 1a Article 55 of the Law on Geology and Minerals (In cases where the construction contractor, investor, or project owner propose another organization or individual to conduct 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: written approval for the selected construction contractor or written assignment of owner/investor of work/project issued by the competent authority or person as stipulated in points a, b, c, d and e of Clause 1a, Article 55 of the Law on Geography and Minerals.”.
Article 3. Amendments and supplements to point b Clause 2 Article 10
“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. Data are recorded and inventoried monthly in the logbooks as prescribed in point b of Clause 2 of Article 22 hereof.
The regulations in this point only apply to minerals listed in section 1 and section 4 of Part I of Appendix I attached to Decree No. 193/2025/ND-CP;”.
Article 4. Amendments and supplements to Article 18
“Article 18. Organization and operations of the technical advisory council for appraisal of applications for issuance, renewal, reissuance, revision, waiver of mineral production license and transfer of mineral production rights
1. Regulatory agencies/persons authorized to issue production licenses stipulated in Article 108 of the Law on Geology and Minerals, as amended and supplemented by Clause 29 Article 1 of the Law amending and supplementing a number of articles of the Law on Geology and Minerals, shall establish a technical advisory council (hereinafter referred to as “appraisal council”) when necessary before deciding on the issuance, renewal, reissuance, revision, waiver of a mineral production license.
The appraisal council shall advise the Head of the competent authority and shall be held accountable to the licensing authority and before the law for the appraisal results.
2. The appraisal council works on the principle of open discussion among council members, between the council and the project owner, through official meetings and thematic meetings as decide by the Chairperson of appraisal council when necessary.
3. An official meeting of the appraisal council shall only be conducted when all of the following conditions are met:
a) At least 2/3 (two-thirds) of the council members participate (in person or online), which must include the Chairperson or authorized Vice Chairperson (hereinafter referred to as “Presiding officer”), the secretary, and at least 01 opponent member;
b) The legal representative of the project owner is present.
4. Council members participating in the official meeting shall complete an appraisal form. Absent members shall not complete an appraisal form but may submit written comments prior to the official meeting, such comments shall be considered the opinion of a member attending the official meeting.
5. Delegates participating in meetings shall be determined by the appraisal authority in accordance with Clause 5, Article 67 of Decree No. 193/2025/ND-CP dated July 02, 2025. Participating delegates shall have the right to state their opinions during meetings, follow the direction of the Presiding Officer, and receive remuneration as prescribed by law.
6. The Chairperson, Vice Chairperson, and Secretary of the appraisal council must be civil servants of the regulatory bodies authorized to issue mineral production licenses. The Presiding Officer and the Secretary shall sign the minutes of the appraisal meeting.
7. Council members shall be held accountable to the appraisal agency and before the law for their comments and assessments regarding applications and specific tasks assigned by the Chairperson during the appraisal process. They shall be provided with meeting documents at least 03 days prior to the meeting and receive remuneration as prescribed by law.
8. The appraisal results of the Council are categorized as follows:
a) Approved without revision or supplementation: When all council members attending the meeting submit appraisal forms stated “approved without revision or supplementation”;
b) Not approved: When at least 1/3 (one-third) of the attending members submit appraisal forms stated “not approved”;
c) Approved with conditions for revision or supplementation: cases not falling under points a and b hereof.
9. Appraisal form and Written comments shall be determined by the appraisal agency during the process of establishing the Council.”.
Article 5. Amendments and supplements to Article 20
1. Clause 3a is added after Clause 3 Article 92 as follows:
“3a. The written notification of the results for selection of organizations/individuals to submit applications for a mineral procedure license in the cases specified in Article 59a of Decree No. 193/2025/ND-CP, as amended and supplemented by Clause 18, Article 1 of Decree No. 21/2026/ND-CP, shall be made using Form No. 34a in Appendix II enclosed herewith.”
2. Clause 6 is amended and supplemented as follows:
6. Plans for production shall be made as follows:
a) Plans for production of Group IV minerals: Form No. 37 of the Appendix II enclosed herewith;
b) Plans for occupational safety techniques and environmental protection as prescribed in Clause 5, Article 61 of Decree No. 193/2025/ND-CP, as amended and supplemented by Clause 20, Article 1 of Decree No. 21/2026/ND-CP: Form No. 38 in Appendix II enclosed herewith;
c) Plans for mineral production and use of associated minerals as prescribed in Point c, Clause 8a, Article 64 of Decree No. 193/2025/ND-CP, as amended and supplemented by Point h, Clause 23, Article 1 of Decree No. 21/2026/ND-CP: Form No. 39 in Appendix II enclosed herewith;
d) Plans for processing, using, and consuming minerals and comparison with the plan under the issued mineral production license as prescribed in Point c Clause 2 Article 5 of Decree No. 21/2026/ND-CP: Form No. 40 in Appendix II enclosed herewith.”.
Article. Article 20a is added after Article 20
“Article 20a. Forms for documents and materials included in applications for approval of mineral exploration at sites where mining operations are prohibited/temporarily suspended
1. An application form for approval of mineral exploration at sites where mining operations are prohibited/temporarily suspended shall be prepared according to Form No. 01 in Appendix IIa enclosed herewith.
2. Plan for assessing the level of impact on protected objects at sites where mining operations are prohibited/temporarily suspended shall be prepared according to Form No. 02 in Appendix IIa enclosed herewith.
3. A written approval for mineral production at sites where mining operations are prohibited/temporarily suspended under the authority of the Minister of Agriculture and Environment shall be prepared according to Form No. 03 in Appendix IIa enclosed herewith.
4. A written approval for mineral production at sites where mining operations are prohibited/temporarily suspended under the authority of the Chairman of the Provincial People’s Committee shall be prepared according to Form No. 04 in Appendix IIa enclosed herewith
Article 7. Amendments and supplements to Article 21
1. Point a Clause 1 is amended and supplemented as follows:
“a) The written request for mineral recovery in the cases specified in Point a, Clause 1, Article 75 of the Law on Geology and Minerals; Clause 9, Article 4 of the Law amending and supplementing a number of articles of the Law on Geology and Minerals; and Point a, Clause 7, Article 5 of Decree No. 21/2026/ND-CP shall be prepared according to Form No. 01 in Appendix III enclosed herewith;”
2. Point d is added to Clause 1 as follows:
“d) The written request for use of minerals as prescribed in Point a, Clause 8, Article 96 of Decree No. 193/2025/ND-CP, as amended and supplemented by Clause 35, Article 1 of Decree No. 21/2026/ND-CP shall be prepared according to Form No. 3a in Appendix III enclosed herewith;”
Article 8. Points g and h are added to Clause 4 Article 22
“g) The periodic report on extraction volume, processing volume, and refined products for rare earth minerals shall be prepared according to Form No. 11 in Appendix IV enclosed herewith;
h) The report on the recovery and use of minerals as prescribed in Clause 10, Article 96 of Decree No. 193/2025/ND-CP, as amended and supplemented by Clause 35, Article 1 of Decree No. 21/2026/ND-CP shall be prepared according to Form No. 12 in Appendix IV enclosed herewith;”
Article 9. Amendments and supplements to Appendix enclosed with Circular No. 36/2025/TT-BNNMT
1. Amend and supplement Forms No. 01 and No. 03 in Appendix I enclosed with Circular No. 36/2025/TT-BNNMT as specified in Part I of Appendix I enclosed herewith.
2. Amend and supplement Forms No. 01, 02, 03, 07, 08, 09, 10, 11, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 35; add Form No. 34a after Form No. 34; and add Forms No. 38, 39, and 40 to Appendix II enclosed with Circular No. 36/2025/TT-BNNMT as specified in Part II of Appendix I enclosed herewith
3. Add Appendix IIa: Forms for documents and materials in applications for approval of mineral exploration at sites where mining operations are prohibited/temporarily suspended after Appendix II issued with Circular No. 36/2025/TT-BNNMT as specified in Part III of Appendix I enclosed herewith.
4. Amend and supplement Forms No. 01, 02, 05, 06 and add Form No. 3a after Form No. 03 in Appendix III enclosed with Circular No. 36/2025/TT-BNNMT as specified in Part IV of Appendix I enclosed herewith.
5. Amend and supplement Form No. 03, and add Forms No. 11 and 12 to in Appendix IV enclosed with Circular No. 36/2025/TT-BNNMT as specified in Part V of Appendix I enclosed herewith.
Article 10. Replacing certain phrases in Circular No. 36/2025/TT-BNNMT
1. Replace the phrase “10 ngày” (“10 days”) with the phrase “08 ngày làm việc” (“08 working days”) in point a Clause 2 Article 7.
2. Replace the phrase “Bộ Nông nghiệp và Môi trường” (“Ministry of Agriculture and Environment” with the phrase “Bộ trưởng Bộ Nông nghiệp và Môi trường” (“Minister of Agriculture and Environment”) in Point b, Clause 1, Article 8; Points a and b, Clause 2, Article 16; Points a, d, g, and i, Clause 2; Points a, d, and i, Clause 3, Article 20; and the titles of Forms No. 19, No. 29, No. 30, No. 31, No. 32, No. 33, No. 34, and No. 37 in Appendix II enclosed with Circular No. 36/2025/TT-BNNMT
Chapter II
AMENDMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 37/2025/TT-BNNMT DATED JULY 02, 2025 OF THE MINISTER OF AGRICULTURE AND ENVIRONMENT PRESCRIBING FORMS FOR REPORTS, MATERIALS, LICENSES, AND DECISIONS ON MINERAL EXPLORATION
Article 11. Clauses 9 and 10 are added to Article 3
“9. Written request for approval of adjustments to a mineral exploration project shall be prepared according to Form No. 8a in Appendix I enclosed herewith.
10. Written request for exploration at sites where mining operations are prohibited/temporarily suspended shall be prepared according to Form No. 08b in Appendix I enclosed herewith.”.
Article 12. Amendments to the title of Article 5; supplements to Article 5
1. The title of Article 5 is amended as follows: “Forms of licenses, decisions, and written approvals for mineral exploration and supplementary mineral exploration”.
2. Clauses 18, 19, 20, and 21 are added as follows:
18. The written approval for supplementary exploration under the authority of the Minister of Agriculture and Environment shall be prepared according to Form No. 26a in Appendix III enclosed herewith.
19. The written approval for supplementary exploration under the authority of the Chairman of the Provincial People’s Committee shall be prepared according to Form No. 26b in Appendix III enclosed herewith.
20. The written approval for mineral exploration at sites where mining operations are prohibited/temporarily suspended under the authority of the Minister of Agriculture and Environment shall be prepared according to Form No. 26c in Appendix III enclosed herewith.
21. The written approval for mineral exploration at sites where mining operations are prohibited/temporarily suspended under the authority of the Chairman of the Provincial People’s Committee shall be prepared according to Form No. 26d in Appendix III enclosed herewith.”.
Article 13. Amendments to the title of Article 7; supplements to Article 7
1. The title of Article 7 is amended as follows: “Forms for reports and plans in mineral exploration and supplementary mineral exploration”
2. Clauses 3 and 4 are amended and supplemented as follows:
“3. Plan for assessing the level of impact on protected objects during exploration at sites where mining operations are prohibited/temporarily suspended shall be prepared according to Form No. 33 in Appendix V enclosed herewith.
4. The plan for radiation safety, environmental safety, and incident prevention within the mineral exploration project shall be prepared according to Form No. 34 in Appendix V issued herewith.”.
Article 14. Amendments and supplements to Appendix enclosed with Circular No. 37/2025/TT-BNNMT
1. Amend and supplement Form No. 01; add Form No. 08a and Form No. 08b after Form No. 08 in Appendix I enclosed with Circular No. 37/2025/TT-BNNMT as specified in Part I of Appendix II enclosed herewith.
2. Add Forms No. 26a, 26b, 26c, and 26d after Form No. 26 in Appendix III enclosed with Circular No. 37/2025/TT-BNNMT as specified in Part II of Appendix II enclosed herewith.
3. Amend and supplement Forms No. 33 and No. 34 in Appendix V enclosed with Circular No. 37/2025/TT-BNNMT as specified in Part III of Appendix II enclosed herewith.
Article 15. Replacing certain phrases in Circular No. 37/2025/TT-BNNMT
1. Replace the phrase “Bộ Nông nghiệp và Môi trường” (“Ministry of Agriculture and Environment” with the phrase “Bộ trưởng Bộ Nông nghiệp và Môi trường” (“Minister of Agriculture and Environment”) in Clauses 1, 3, 5, 7, 9, 11, and 13 of Article 5, and the titles of Forms No. 10, 12, 14, 16, 18, 20, and 22 in Appendix III enclosed with Circular No. 37/2025/TT-BNNMT.
2. Replace the phrase “Ủy ban nhân dân” (“People’s Committee”) with the phrase “Chủ tịch Ủy ban nhân dân” (“Chairman of the Provincial People’s Committee”) in Clauses 2, 4, 6, 8, 10, 12, 14, and 16 of Article 5, and the titles of Forms No. 11, 13, 15, 17, 19, 21, 23, and 25 in Appendix III enclosed with Circular No. 37/2025/TT-BNNMT.
Chapter III
AMENDMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 39/2025/TT-BNNMT DATED JULY 02, 2025 OF THE MINISTER OF AGRICULTURE AND ENVIRONMENT PROVIDING FOR CONTENTS OF MINE CLOSURE SCHEMES AND MINE CLOSURE PLANS AND TEMPLATES OF DOCUMENTS INCLUDED IN APPLICATION DOSSIERS FOR MINE CLOSURE
Article 16. Amendments and supplements to point dd Clause 5 Article 5
“dd) Decision on approval of adjustments to mine closure scheme under the authority of the Minister of Agriculture and Environment shall be shall be made using the Form No. 15 in the Appendix hereto;”
Article 17. Amendments and supplements to Appendix enclosed with Circular No. 39/2025/TT-BNNMT
Amend and supplement Forms No. 01, 04, 05, 09, 10, 15, 16, 17, 18, and 19 in the Appendix enclosed with Circular No. 39/2025/TT-BNNMT as specified in Appendix III enclosed herewith.
Article 18. Replacing certain phrases in Circular No. 39/2025/TT-BNNMT
1. Replace the phrase “Bộ Nông nghiệp và Môi trường” (“Ministry of Agriculture and Environment” with the phrase “Bộ trưởng Bộ Nông nghiệp và Môi trường” (“Minister of Agriculture and Environment”) in Points a, c, and g, Clause 5, Article 5, and the titles of Form No. 11 and Form No. 13 in the Appendix enclosed with Circular No. 39/2025/TT-BNNMT.
2. Replace the phrase “Ủy ban nhân dân” (“People’s Committee”) with the phrase “Chủ tịch Ủy ban nhân dân” (“Chairman of the Provincial People’s Committee”) in Points b, d, e, and h, Clause 5, Article 5; the titles of Form No. 12 and Form No. 14, and appendices of Form No. 12 and Form No. 18 in the Appendix issued with Circular No. 39/2025/TT-BNNMT.
3. Replace the phrase “(Attached to Notification No. ……/QD-DCKS dated…. of the Department of Geology and Minerals of Vietnam)” with the phrase “(Attached to Notification No. ……/TB-BNNMT dated…. of the Minister of Agriculture and Environment)” in Form No. 13 of the Appendix enclosed with Circular No. 39/2025/TT-BNNMT.
4. Replace the phrase “(Attached to Notification No. ……/QD-DCKS dated…. of the Department of Geology and Minerals of Vietnam)” with the phrase (Attached to Notification No. ………/TB-UBND dated …… of the Chairperson of the People’s Committee of ……..)” in Form No. 14 of the Appendix enclosed with Circular No. 39/2025/TT-BNNMT.
Chapter IV
AMENDMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 40/2025/TT-BNNMT DATED JULY 02, 2025 OF THE MINISTER OF AGRICULTURE AND ENVIRONMENT ON CLASSIFICATION OF MINERAL RESERVES AND RESOURCES; METHODS AND WORKLOAD OF MINERAL EXPLORATION FOR EACH TYPE OF MINERAL; TEMPLATES AND CONTENTS OF SCHEMES FOR MINERAL EXPLORATION AND REPORTS ON MINERAL EXPLORATION RESULTS
Article 19. Amendments and supplements to Article 29
“Article 29. Naming of natural mineral water and natural hot water sources
1. Natural mineral water and natural hot water sources shall be named according to their chemical composition (concentrations of chemical elements, temperature, and chemical compounds), and may also be named after the administrative geographical name where the natural mineral water or natural hot water source is located.
2. Where a natural mineral water or natural hot water source has at least 02 chemical composition indices, the naming shall follow the order specified in Appendix IV enclosed with this Circular. E.g. a natural mineral water source with a total mineralization ≥ 1500 mg/l and a bromine concentration ≥ 5 mg/l and an iodine concentration of ≥ 1 mg/l shall be named “highly mineralized, bromine, iodine natural mineral water.”.
Article 20 . Article 41a is added after Article 41
“Article 41a. Forms for documents in applications for mineral sampling for mineral processing technology research and testing
1. An application form made using Form No. 01 in Appendix VII enclosed herewith.
2. Sampling plan for mineral processing technology research and testing made using Form No. 02 in Appendix VII enclosed herewith
3. Map of sampling locations and description of geological and mineral conditions made using Form No. 03 in Appendix VII enclosed herewith.
4. Written approval from the holder of mineral exploration/production license (in cases where the sampling location is within the mineral exploration/production area) made using Form No. 04 in Appendix VII enclosed herewith.
5. Written approval for mineral sampling for mineral processing technology research and testing or the competent authority made using Form No. 05 in Appendix VII enclosed herewith.
6. Report on mineral sampling results for mineral processing technology research and testing made using Form No. 06 in Appendix VII enclosed herewith.”.
Article 21. Amendments and supplements to Appendix enclosed with Circular No. 40/2025/TT-BNNMT
1. Amend and supplement Appendix IV enclosed with Circular No. 40/2025/TT-BNNMT as specified in Part I of Appendix IV of this Circular.
2. Amend and supplement Forms No. 01 and No. 02 in Appendix VI enclosed with Circular No. 40/2025/TT-BNNMT as specified in Part II of Appendix IV enclosed herewith.
3. Add Appendix VII enclosed with Circular No. 40/2025/TT-BNNMT as specified in Part III of Appendix IV of this Circular.
Chapter V
TRANSITION AND IMPLEMENTATION PROVISIONS
Article 22. Transition clauses
1. From the effective date of this Circular, in the case where the applicant has submitted an application for any administrative procedures as prescribed in Circular No. 36/2025/TT-BNNMT, Circular No. 37/2025/TT-BNNMT, Circular No. 39/2025/TT-BNNMT, and Circular No. 40/2025/TT-BNNMT and the application was received by the competent authority before the effective date of this Circular but the results are still pending, the procedures shall be carried out in accordance with the applicable regulations at the time of receipt, except for the cases specified in Clause 2 of this Article.
2. In the case where an application has been submitted before the effective date of this Circular, has not been decided, and contains contents that are unsatisfactory as prescribed in this Circular, the applicant shall supplement and complete it in accordance with the provisions of this Circular.
Article 23. Implementation clauses
1. This Circular shall come into force from the day on which it is signed.
2. Ministers, heads of ministerial-level authorities, heads of Governmental authorities, Chairpersons of People’s Committees of provinces, and relevant organizations, and individuals shall implement this Circular.
3. People’s Committees of provinces shall, within the scope of their duties and powers, assign and direct People’s Committees of communes, and specialized agencies to perform the state management of geology and minerals, and the responsibility to protect unexploited minerals within their managed areas.
4. The Departments of Agriculture and Environment of provinces shall assist the People’s Committees of provinces in implementing this Circular within their provinces.
5. Relevant organizations and individuals shall implement this Circular./.
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PP. MINISTER Le Cong Thanh |
