Directive No. 18/2008/CT-TTg on Strengthening Management and Rectifying Mining Activities to Ensure Safety in Quarry Operations

DIRECTIVE

Regarding the strengthening of management and rectification of activities related to the exploitation of stone quarries to ensure safety during exploitation.

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The exploitation of stone for construction materials and as raw material for cement production, involving organizations and individuals from various economic sectors, not only meets the demand for materials to construct projects but also creates jobs for tens of thousands of workers in many regions across the country.

However, recently in some provinces such as Ha Nam, Nghe An, Ha Tinh, Phu Yen ..., serious accidents have occurred due to landslides at stone quarries, causing significant losses in terms of human life and property. Through inspections of stone exploitation activities in some localities and reviewing the causes of labor accidents, it is evident that current stone exploitation activities have many shortcomings and pose potential risks to safety for people and equipment. Most of the quarries currently being exploited have small scale with an exploitation capacity under 100,000 m³/year and the exploitation period does not exceed five years; the situation of design and construction of exploitation not conforming to regulations on safety in open-pit stone exploitation is still common. Many organizations and individuals exploiting stones do not meet the requirements for professional capacity and mine management capacity; they do not fully comply with regulations on the management and use of industrial explosives and regulations on recruitment of labor as well as labor safety and environmental protection... In addition, state management work for stone exploitation activities has revealed deficiencies from licensing stages, design review to supervision and inspection during the exploitation process.

To address the above situation and ensure safety during exploitation, the Prime Minister issues the following directive:

1. People's Committees of centrally governed cities and provinces:

a) Conduct a comprehensive inspection of all quarries currently being exploited in their respective localities to identify and rectify issues arising from stone exploitation activities. In the short term, measures must be taken to rectify the following:

- Temporarily halt exploitation at quarries posing risks to the safety of people and equipment. Only allow resumption of exploitation once these quarries meet all conditions ensuring safe operation.

- Cease exploitation and take measures to prevent recurrence in unauthorized and illegal exploitation areas. Require organizations exploiting stones to close down the quarry and return it to a safe state. Strictly handle violations according to current regulations.

The results of the comprehensive inspection of quarries must be reported to the Ministry of Construction before September 30, 2008, for consolidation and reporting to the Prime Minister.

b) Rectify the work of design review and issuance of exploitation permits. Firmly refuse to issue exploitation permits when the basic design has not been reviewed by the competent state management authority according to current regulations. Strictly handle cases where organizations and individuals violate laws regarding design review and permit issuance in stone exploitation activities. Prioritize and encourage the issuance of permits for large-scale industrial exploitation, applying advanced mining technology. Limit the issuance of permits for small-scale exploitation with a capacity below 100,000 m³/year, especially in concentrated mineral areas with large reserves.

c) Strengthen supervision and inspection of exploration and exploitation activities in a multi-sectoral manner, ensuring that quarries are inspected regularly as stipulated. After inspection, evaluations and conclusions about the safety status during exploitation must be made, and strict handling of violations concerning mine design, exploitation procedures; conditions for the capacity of organizations and individuals exploiting stones; labor safety regulations, management and use of industrial explosives, environmental hygiene, and other legal provisions must be carried out. Revoke exploitation permits for organizations and individuals who fail to comply and deliberately violate the aforementioned regulations.

d) Clearly define the tasks and authorities for specialized agencies directly under provincial People's Committees and municipal People's Committees under the Central Government to fulfill their responsibilities in managing state activities related to exploration and exploitation of stones in their localities; designate a specialized agency as the unified management body for this activity. Direct county, district, town, and city People's Committees under provincial level; commune, ward, and town People's Committees to implement measures to manage and protect stone mineral resources and environmental landscapes, ensuring social security in areas with stone minerals within their jurisdictions.

e) Regularly report to the Ministry of Construction, the Ministry of Natural Resources and Environment, and other relevant ministries according to regulations on the situation of stone exploitation activities in their jurisdictions. Timely reflect issues that are inappropriate or inconsistent with current realities in legal documents regulating exploration and exploitation of stones and related technical standards and specifications.

2. Organizations and individuals engaged in stone exploitation:

a) Strictly implement current regulations on mineral exploration. Mineral exploration must comply with technical standards for geological surveys and exploration and must fully meet requirements for designing safe mine exploitation.

b) Fully comply with regulations on the preparation, review, and approval of mine exploitation designs according to laws on investment in construction projects and other related regulations.

c) Only be permitted to commence exploitation after notification that the mine director has the required qualifications and management capacity according to regulations; submit the mine design and environmental impact assessment report to the competent state management authority and complete other procedures as stipulated.

d) Carry out exploitation construction strictly according to the approved design; adhere to technical standards and norms for safety in open-pit stone exploitation. Actively apply advanced exploitation technologies that conserve resources and protect the environment. Strictly follow procedures for closing the mine as prescribed by laws on minerals.

e) Fully comply with regulations on recruitment, labor contracts; social insurance systems, labor protection, and labor safety and hygiene regulations in stone exploitation activities.

e) Periodic reports as prescribed and ad hoc reports when requested by the competent state management agency regarding the operation of quarrying stone.

3. Ministries with functions of state management over minerals and labor safety:

a) Ministry of Construction:

- Direct, guide, and inspect the establishment and implementation of planning for exploration, exploitation, and processing of construction materials and raw materials for cement production from stone.

- Strengthen direction, guidance, and inspection of activities related to exploration and exploitation of construction materials and raw materials for cement production at local levels to ensure safety during stone exploitation.

- Guide and direct the application of advanced stone extraction technologies to conserve resources, enhance exploitation efficiency, ensure labor safety, and protect the environment.

b) The Ministry of Natural Resources and Environment:

- Take the lead and coordinate with People's Committees of provinces and centrally governed cities to review and rectify licensing work for exploration and exploitation of stone.

- Take the lead and coordinate with relevant ministries and sectors to study, review, and amend current legal documents regulating exploration and exploitation of stone.

c) Ministry of Industry and Trade:

- Take the lead and coordinate with People's Committees of provinces and centrally governed cities to review and rectify work on mine design preparation, examination, and approval.

- Propose amendments and supplements to regulations on conditions for granting permits for the use of industrial explosives to strengthen compliance with legal provisions governing stone exploitation activities.

- Take the lead and coordinate with the Ministry of Construction, Ministry of Science and Technology, and Ministry of Natural Resources and Environment to review, amend, and supplement technical standards applicable in exploration and exploitation of stone to ensure safety during exploitation.

d) Ministry of Labor, Invalids, and Social Affairs:

- Take the lead and coordinate with People's Committees of provinces and centrally governed cities to strengthen inspections and checks on compliance with regulations on recruitment, labor contracts, social insurance benefits, labor protection, and ensuring occupational safety and health during stone exploitation.

- Direct and guide People's Committees of provinces and centrally governed cities to strengthen labor inspection forces with specialized expertise and capacity to meet requirements for occupational safety and health inspections in mines.

The Prime Minister requests ministers, heads of ministerial-level agencies and agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities, and heads of organizations involved in stone exploitation and processing within their respective areas of responsibility to effectively implement this Directive.

The Minister of Construction is responsible for regularly monitoring, urging, inspecting, and annually reporting to the Prime Minister on the implementation of this Directive.

This Directive shall take effect fifteen days after its publication in the Official Gazette./.