Circular No. 17/2012/TT-BTNMT on the conditions for organizations engaged in mineral exploration activities

CIRCULAR

Regulations on Conditions for Organizations Engaging in Mineral Exploration Activities

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

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment, and Decree No. 89/2010/NĐ-CP dated August 16, 2010 of the Government amending and supplementing Article 3 of Decree No. 25/2008/NĐ-CP dated March 4, 2008;

At the proposal of the Director General of the Vietnam Geological Survey and the Head of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular detailing the conditions for organizations engaging in mineral exploration activities,

Article 1. Scope of Regulation and Applicability

1. This Circular details the conditions for engaging in mineral exploration activities as stipulated in Article 35 of the Law on Minerals.

The scope of application includes: organizations engaging in mineral exploration activities; organizations and individuals granted mineral exploration permits; state management agencies for minerals.

Article 2. Organizations Engaging in Mineral Exploration Activities

Organizations meeting the provisions of Article 35 of the Law on Minerals and the detailed regulations set forth in this Circular shall be permitted to engage in mineral exploration activities, including:

1. Enterprises established under the Enterprise Law;

2. Scientific and technological organizations established under the Science and Technology Law;

3. Cooperatives and cooperative unions established under the Cooperative Law;

4. Specialized geological organizations established by competent state authorities with the function and mission of conducting mineral exploration.

Article 3. Provisions on the Practice File for Mineral Exploration Activities

1. When conducting mineral exploration activities, organizations engaging in mineral exploration must have a practice file for mineral exploration activities comprising:

a) Documentation about the organization including: certified copies of the Decision on Establishment or Certificate of Scientific and Technological Activity or Business Registration Certificate issued by the competent state management agency; Contract for Mineral Exploration or Decision on Assigning Mineral Exploration Tasks by the competent authority (original); List of staff participating in the implementation of the mineral exploration project.

b) Documentation about individuals participating in the implementation of the mineral exploration project (certified copy or original) including: Decision assigning tasks to the technical leader of the mineral exploration project accompanied by relevant diplomas/certificates and scientific curriculum vitae of the Project Leader; Labor Contract or Recruitment Decision; Appointment Decision or Task Assignment Decision; Relevant diplomas/certificates corresponding to assigned tasks; Copy of Identity Card or Passport.

c) List of specialized equipment and tools suitable for implementing mineral exploration projects.

2. The practice file for mineral exploration activities as stipulated in Clause 1 of this Article shall be managed and retained at the agency, organization, or individual granted a mineral exploration permit and the organization engaging in mineral exploration activities.

Article 4. Provisions on the Technical Leader of the Mineral Exploration Project

1. The technical leader of the mineral exploration project (hereinafter referred to as the Project Leader for Mineral Exploration) must meet the provisions of point b, Clause 1, Article 35 of the Law on Minerals and the following specific requirements:

a) Be a Vietnamese citizen or a foreigner with a labor permit in Vietnam as prescribed by labor laws;

b) Hold a bachelor's degree or higher in geology and mineral exploration (for water mineral and hot water exploration projects, it should be in hydrogeology and engineering geology). These qualifications must be obtained from educational institutions in Vietnam or abroad;

c) Be proficient in laws related to minerals and technical standards and norms for mineral exploration; possess the ability to organize and implement sequentially the various components of the mineral exploration project.

d) The Project Leader must meet the time experience requirements stipulated in Point b, Clause 1, Article 35 of the Law on Minerals. For hazardous mineral exploration projects, they must have participated in at least one such project as a geological technical officer; for other mineral exploration projects, they must have participated in at least one similar project as a geological technical officer.

2. The Project Leader may only perform their duties upon receiving a task assignment decision from the organization engaging in mineral exploration activities.

3. In the same period, the Project Leader may undertake a maximum of two mineral exploration projects. The Project Leader who compiles the report on mineral exploration results must spend at least 25% of the time specified in the exploration permit directing the implementation of the project.

Article 5. Provisions on the workforce of technical workers implementing the mineral exploration project

1. The workforce of technical workers in surveying, geology, hydrogeology, engineering geology, geophysics, construction works (excavation, drilling), and other related fields must meet the quantity requirements suitable for the mineral exploration project that has been appraised when issuing the mineral exploration permit.

2. Each group of technical workers in specialized fields during construction must appoint a person responsible who meets the following professional requirements and years of experience:

a) For hazardous mineral exploration projects, there must be a minimum of five years of work experience for those with a vocational intermediate level or three years for those with a bachelor's degree; among which, at least one year of participation in geological investigation or exploration projects for hazardous minerals.

b) For the remaining mineral exploration projects, there must be a minimum of three years of work experience for those with a vocational intermediate level or two years for those with a bachelor's degree.

Article 6. Provisions on specialized equipment and tools for constructing mineral exploration works

1. Specialized equipment and tools for constructing mineral exploration works must ensure the quantity, quality, and technical performance suitable for the items in the mineral exploration project that has been appraised when issuing the mineral exploration permit. Equipment and tools for constructing the items of mineral exploration works must meet the technical requirements of the work and operate safely.

2. Radioactive mineral exploration and rare earth mineral exploration must have specialized equipment and a team of technical staff operating them to meet the safety requirements for radioactive materials according to the laws on nuclear radiation safety.

Article 7. Responsibilities of organizations and individuals conducting mineral exploration and organizations practicing mineral exploration

1. Responsibilities of organizations and individuals conducting mineral exploration:

a) Select organizations practicing mineral exploration that meet the conditions stipulated by regulations.

b) Manage and retain records of organizations practicing mineral exploration. Provide complete documentation for competent state management agencies upon request.

2. Responsibilities of organizations practicing mineral exploration:

a) Adhere to technical standards and norms, design of the approved exploration project; ensure the quality of work.

b) Bear responsibility under the law and before the investor regarding the authenticity of the documents, quality, and results of the mineral exploration project as prescribed.

c) Establish records of mineral exploration practice; provide information about exploration activities to investors and competent state management agencies.

Article 8. Responsibilities of relevant agencies

1. The General Department of Geology and Mineral Resources shall be responsible for:

a) Organizing guidance and inspection of the implementation of this Circular;

b) Inspecting the conditions of organizations practicing mineral exploration for mineral exploration permits within the jurisdiction of the Ministry of Natural Resources and Environment;

c) Handling according to its authority or recommending authorities with jurisdiction to handle organizations practicing mineral exploration that violate laws on minerals and related laws;

d) Organizing professional knowledge and legal training for Project Leaders of mineral exploration projects to improve the quality of exploration work.

2. Provincial Departments of Natural Resources and Environment under central cities shall be responsible for:

a) Inspecting the conditions of organizations practicing mineral exploration for exploration permits within the jurisdiction of provincial People's Committees under central cities;

b) Handling according to its authority or recommending authorities with jurisdiction to handle organizations practicing mineral exploration that violate laws on minerals and related laws.

Article 9. Effective Date

This Circular takes effect from January 15, 2013.

Article 10. Provisions on implementation

During implementation, if there are difficulties or obstacles, relevant organizations and individuals are requested to promptly report to the Ministry of Natural Resources and Environment for research and appropriate amendments and supplements./.