Circular No. 24/2025/TT-BCT dated May 13, 2025 on providing for formulation and approval of plans for risk management in mineral mining

CIRCULAR

PROVIDING FOR FORMULATION AND APPROVAL OF PLANS FOR RISK MANAGEMENT IN MINERAL MINING

Pursuant to the Law on Geology and Minerals dated November 29, 2024;

Pursuant to the Government’s Decree No. 40/2025/ND-CP dated February 26, 2025 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the request of the Director General of the Industrial Safety Techniques and Environment Agency;

The Minister of Industry and Trade hereby promulgates a Circular providing for formulation and approval of plans for risk management in mineral mining.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular elaborates on the formulation of, authority to approve, time of approval, applications, procedures for approval of, and submission of plans for risk management in mineral mining.

Article 2. Regulated entities

This Circular applies to organizations, individuals and state agencies related to formulation and approval of plans for risk management in mining of group I minerals by opencast mining method; group II, group III and group IV minerals by opencast mining method using industrial explosive materials; group I, group II, group III and group IV minerals by underground mining method within the territory of the Socialist Republic of Vietnam.

Article 3. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. “mineral mining risk” means the possibility of encountering potential hazards that cause incidents, accidents, injuries, occupational diseases, damage to property or environmental pollution in the course of mineral mining.

2. “risk management in mineral mining” means the application of technical and managerial measures to ensure that all risks are identified, analyzed, assessed and controlled for all works, machines, equipment, lines, technological processes and in all stages of mineral mining activities.

3. “risk assessment in mineral mining” means the analysis and identification of risks and dangerous and harmful factors with the aim of proactively preventing incidents and accidents in mineral mining.

4. “assessment of level of risks” means the assessment of identified hazards based on the likelihood and consequences of each hazard.

5. “emergency response in mineral mining” means a system of activities following a predetermined process including consequence prevention, response and remediation activities in emergency situations caused by incidents and accidents in mineral mining.

6. “plan for risk management in mineral mining” means an activity of building a system of regulations and procedures for the purpose of find out potential hazards to prevent, respond to, deal with and minimize potential risks during the mineral mining process, including safety management reports, risk assessment reports and emergency response plans.

7. “mine structure” means any drift system, energy supply system, water supply and drainage system, transportation system, ventilation system in a mine and other works in the mine intended for mining of minerals.

8. “open-pit mine structure” means an excavation structure located within the boundary of an open-pit mine.

Chapter II

FORMULATION AND APPROVAL OF PLANS FOR RISK MANAGEMENT IN MINERAL MINING

Article 4. Formulation of risk management plans

1. Every enterprise mining group I minerals by opencast mining method; enterprise mining group II, group III and group IV minerals by opencast mining method using industrial explosive materials and enterprise group I, group II, group III and group IV minerals by underground mining method must formulate a plan for risk management in mineral mining according to the contents specified in the Appendix I to this Circular.

2. The plan for risk management in mineral mining may be integrated with risk assessment and other emergency response plans according to specialized laws.

Article 5. Authority to approve risk management plans

1. Enterprises mining group I minerals by opencast mining method; enterprises mining group II, group III and group IV minerals by opencast mining method using industrial explosive materials and enterprises group I, group II, group III and group IV minerals by underground mining method shall themselves approve their plans for risk management in mineral mining before constructing open-pit mine structures with regard to new mining investment projects; themselves approve those plans before January 01, 2026 with regard to mining investment projects that are in the process of constructing open-pit mine structures or have been put into operation.

2. Every enterprise mining group I, group II, group III and group IV minerals by underground mining method must formulate a plan for risk management in mineral mining and submit it to a competent authority for approval as follows:

a) Regarding the mineral mining license under the issuing authority specified in clause 1 Article 108 of the Law on Geology and Minerals, submit the plan to the competent authority specified in Article 10 of this Circular for approval;

b) Regarding the mineral mining license under the issuing authority specified in clause 2 Article 108 of the Law on Geology and Minerals, submit the plan to the competent authority specified in Article 11 of this Circular for approval.

Article 6. Time of approving risk management plans in case of underground mining method

Time of approving a risk management plan for a project on investment in mineral mining by underground mining method is prescribed as follows:

1. For a new mining investment project, the plan must be approved at least 07 working days before the construction and before putting the mine structure into use;

2. For a new mining investment project that is in its stage of basically constructing a mine, the plan must be approved at least 07 working days before putting the mine into use;

3. For a mining investment project which has been put into operation before July 01, 2025, the plan must be approved before July 01, 2027.

Article 7. Applications and procedures for approval of plans for risk management in mineral mining by underground mining method

1. An application for approval of risk management plan shall comprise:

a) An application form, which is made using the form in the Appendix II to this Circular;

b) A risk management plan, which is made using the form in the Appendix I to this Circular.

2. Every enterprise mining group I, group II, group III and group IV minerals by underground mining method shall submit the application specified in clause 1 of this Article to the competent authority specified in point a or point b clause 2 Article 5 of this Circular by any of the following methods:

a) In person;

b) Via postal service;

c) Via the national system for handling administrative procedures or the system for handling administrative procedures of the competent authority;

d) Other methods prescribed by law.

3. The competent authority shall receive and inspect the application. In case the application is invalid, within 02 (two) working days from the date of receiving the application, the competent authority shall provide a written explanation.

4. Within 15 (fifteen) working days from the date of receiving a valid application, the competent authority shall inspect, assess and approve the plan for risk management in mineral mining by underground mining method according to the Form No. 02 in the Appendix II to this Circular.

Article 8. Submission of risk management plans

Each mineral mining enterprise shall submit its approved risk management plan to the provincial People's Committee for monitoring and management in its province.

Chapter III

RESPONSIBILITY FOR IMPLEMENTATION

Article 9. Responsibilities of mineral mining enterprises

1. Comply with the regulations specified in this Circular and other relevant regulations of law.

2. Organize the implementation and implement the regulations of the approved risk management plans.

3. Annually update the plans for risk management in mineral mining and update when there is any change to: Safety objectives and policies; organization of performance of safety-related tasks; list of machines, equipment, means, materials and chemicals; technology, production organization; after an occupational accident or technical incident seriously threatening occupational safety and health; organizational chart, division of responsibilities, reporting system upon occurrence of an incident or accident; contact address and information upon emergency response.

Article 10. Responsibilities of the Industrial Safety Techniques and Environment Agency

1. Organize the receipt, inspection, assessment and approval of applications for approval of plans for risk management in mineral mining of enterprises under its authority.

2. Propagate, popularize and provide guidance on implementation of regulations on formulation and approval of plan for risk management in mineral mining.

3. Carry out inspection, impose penalties for violations and handle complaints and denunciations under its authority over formulation and approval of plans for risk management in mineral mining.

Article 11. Responsibilities of provincial People’s Committees

1. Organize the receipt, inspection, assessment and approval of applications for approval of plans for risk management in mineral mining of enterprises under its authority.

2. Propagate, popularize and provide guidance on implementation of regulations on formulation and approval of plan for risk management in mineral mining under their authority.

3. Carry out inspection, impose penalties for violations and handle complaints and denunciations under its authority over formulation and approval of plans for risk management in mineral mining.

Article 12. Implementation clause

1. This Circular comes into force from July 01, 2025.

2. The phrase “công nghiệp khai thác mỏ và” (“mining industry and”) in Article 1 of the Circular No. 43/2010/TT-BCT dated December 29, 2010 of the Minister of Industry and Trade providing for safety management in the industry and trade sector is repealed.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade (through the Industrial Safety Techniques and Environment Agency) for instructions and resolution./.