Circular No. 15/2009/TT-BCT stipulates the qualification and capability standards for Mine Managers

 CIRCULAR

Regulations on the Qualifications and Competencies of Mine Managers

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Pursuant to the Minerals Law dated March 20, 1996, and the Law Amending and Supplementing Certain Provisions of the Minerals Law No. 46/2005/QH11 dated June 14, 2005, adopted by the National Assembly of the Socialist Republic of Vietnam;

Pursuant to Decree No. 160/2005/NĐ-CP dated December 27, 2005, issued by the Government, detailing and guiding the implementation of the Minerals Law and the Law Amending and Supplementing Certain Provisions of the Minerals Law;

Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

The Ministry of Industry and Trade hereby stipulates the qualifications and competencies of mine managers as follows:

Article 1. These Circulars regulate the qualifications and competencies of mine managers and shall be applied for appointment, reappointment, signing of contracts, extension of contracts, and removal of mine managers appointed by organizations and individuals permitted to extract solid minerals under the laws on minerals (excluding construction materials, raw materials for cement production, oil and gas, and natural hot water and mineral water), who directly manage mineral extraction activities (hereinafter referred to as organizations and individuals permitted to extract minerals). Mine managers are responsible for tasks assigned in accordance with the provisions of the law.

Article 2. Organizations and individuals permitted to extract minerals shall not conduct mineral extraction activities without a mine manager meeting the qualifications and competencies prescribed in Article 3 of this Circular. The consideration and decision on the appointment or signing of labor contracts to hire a mine manager must be based on the standards prescribed in Article 3 of this Circular.

Standards for Mine Managers

Article 3. 1. Standards for Professional Qualifications

a) For mine managers operating underground mines using shaft methods, they must be mining engineers specializing in underground mining or civil engineering for underground works and mines, having at least five years of direct work experience in the mining process at underground mines.

b) For mine managers operating open-pit mines, they must be mining engineers specializing in surface mining or underground mining, having at least three years of direct work experience in the mining process at open-pit mines; if they are geological exploration engineers, they must have undergone training in mining technology and have at least five years of direct work experience in the mining process at open-pit mines.

c) For mine managers of non-metallic mines operated by surface mining methods without the use of industrial explosives or simple manual mining methods, they must have a technical qualification of at least a college degree in mining or geological exploration. If the qualification is a college degree, they must have at least three years of direct work experience in the mining process at open-pit mines. If they are geological exploration engineers, they must undergo training in mining technology.

2. Standards for Management and Operational Competencies

a) Mastery of regulations in legal documents on minerals and other relevant legal documents concerning exploration, extraction, and processing of minerals.

b) Mastery of regulations, procedures, standards, and norms in mine design and operation; technical quotas, safety regulations in mining operations, and legal regulations on the management and use of industrial explosives.

c) Possession of organizational and managerial skills and practical experience in managing technical mining operations, safety techniques, and environmental protection measures; ability to propose and implement solutions for risk management, prevention, and response to incidents in mining operations.

d) Ability, expertise, and practical experience to organize and implement the application, improvement, and innovation of mining technology and processes.

Organizations and individuals permitted to extract minerals must submit notification files regarding the appointment, reappointment, or signing of labor contracts to hire mine managers within seven working days from the date of issuance of the appointment decision or labor contract to the Department of Safety Technology and Environmental Protection, Ministry of Industry and Trade (for cases where the mineral mine is licensed by the Ministry of Natural Resources and Environment) or to the Department of Industry and Trade of provinces and centrally-administered cities where the mining activity takes place (for mineral mines and mining points licensed by local authorities) for monitoring and inspection.

Article 4. Notification files for appointing mine managers include:

- Curriculum vitae of the mine manager (Annex);

- Appointment decision or labor contract for the mine manager;

- Legally certified copies of professional certificates as prescribed in Article 3 of this Circular;

- Legally certified copies of certificates of management and operational capacity enhancement for the mine manager and other related certificates (if any).

Within seven working days from the date of receipt of the file, if the file is incomplete, invalid, or if it is determined that the mine manager does not meet the prescribed standards in Article 3 of this Circular, the Department of Safety Technology and Environmental Protection or the Department of Industry and Trade must notify in writing the organization or individual submitting the file to request supplementation or specify the reasons why the mine manager does not meet the prescribed standards. If there is no reply beyond the above time limit, it shall be deemed that the file is complete and valid and the mine manager meets the prescribed standards.

For foreign mine managers, in addition to meeting the standards prescribed in Article 3 of this Circular, they must also be allowed to reside and work in Vietnam under Vietnamese law.

Article 5. For the Mine Director who is a foreign national, in addition to ensuring the standards prescribed in Article 3 of this Circular, they must also be permitted by Vietnamese law to reside and work in Vietnam.

Article 6. The training on mining exploitation techniques as prescribed in Points b) and c) Clause 1, Article 3 of this Circular shall be organized and implemented by the General Department of Safety and Environmental Technology, the Departments of Industry and Trade of the provinces and centrally-run cities, either independently or in collaboration with relevant training and training organizations. Additionally, periodically, the General Department of Safety and Environmental Technology, the Departments of Industry and Trade shall conduct refresher courses to enhance the management and operational capabilities of mine managers (disseminating new legal regulations, provisions, mechanisms, policies... related to mineral activities). Upon completion of the training or refresher course, participants will be issued corresponding Certificates.

Article 7. Organizations and individuals permitted to exploit minerals who violate the provisions of this Circular shall be subject to penalties under Article 6 of Decree No. 150/2004/NĐ-CP dated July 29, 2004 of the Government on administrative sanctions for violations in the field of minerals, and Point 4, Article 11 of Decree No. 77/2007/NĐ-CP dated May 10, 2007 of the Government amending and supplementing certain articles of Decree No. 150/2004/NĐ-CP dated July 29, 2004 of the Government on administrative sanctions for violations in the field of minerals, and other relevant laws.

Article 8. For mine managers who have been appointed, reappointed, or signed labor contracts extended before the effective date of this Circular, if they are required to undergo training as stipulated in Article 6 of this Circular but have not yet done so, they must submit a written report to the General Department of Safety and Environmental Technology or the Department of Industry and Trade to undergo training within six months from the effective date of this Circular.

Article 9. This Circular shall take effect forty-five days from the date of signature.

Article 10. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of the Departments of Cadre Organization, Legal Affairs, Heavy Industry, Energy, Science and Technology; the Director of the General Department of Safety and Environmental Technology, Directors of the Departments of Industry and Trade of the provinces and centrally-run cities, organizations and individuals permitted to exploit minerals, and other related organizations and individuals are responsible for implementing this Circular./.