Decision No. 37/2002/QD-BCN On the issuance of Regulations on the standards of qualifications and capabilities of Mine Managers

Pursuant to …;

VRegarding the issuance of the Regulations

on the standards of qualifications and capabilities of Mine Managers

 

THE MINISTER OF INDUSTRY

Pursuant to Decree No. 74/CP dated November 1, 1995 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Industry;

Pursuant to the Minerals Law dated March 20, 1996 and Decree No. 76/2000/NĐ-CP dated December 25, 2000 of the Government detailing the implementation of the Minerals Law (amended);

At the proposal of the Director of the Vietnam Geological and Mineral Resources Department,

DECISION:

Article 1. The attached Decision issues the Regulations on the standards of qualifications and capabilities of Mine Managers.

Article 2. This Decision takes effect 15 days from the date of signature and replaces Decision No. 1457/QĐ-ĐCKS dated September 4, 1997 of the Minister of Industry on the issuance of the Regulations on the standards of qualifications and capabilities of Mine Managers. All previous regulations contrary to this Decision are hereby abolished.

Article 3. The Heads of the Ministry's Office, the Inspectorate, the Heads of Departments and Bureaus under the Ministry, the Directors of Provincial Industrial Departments under centrally governed cities, organizations and individuals permitted to extract minerals, and other related organizations and individuals shall be responsible for implementing this Decision./.

 

REGULATIONS

On the standards of qualifications and capabilities of Mine Managers

(issued together with Decision No. 37/2002/QĐ-BCN dated September 13, 2002) ANDDirector AND Industry)

Article 1These Regulations stipulate the standards of qualifications and capabilities of Mine Managers and are applied to consider, appoint or dismiss Mine Managers of organizations and individuals permitted to extract solid minerals, including extraction of associated minerals of organizations which are enterprises (hereinafter referred to collectively as organizations and individuals permitted to extract minerals) as provided for in Article 65 of Decree No. 76/2000/NĐ-CP dated December 15, 2000 of the Government detailing the implementation of the Minerals Law (amended).

These Regulations do not apply to the extraction of mineral water, natural hot water, and the extraction of associated minerals by individuals who are not enterprises.

Article 2.The Mine Manager appointed by organizations and individuals permitted to extract minerals directly manages the extraction activities and is responsible for the assigned tasks according to the law.

Article 3.Organizations and individuals permitted to extract minerals are responsible for reviewing and deciding to appoint Mine Managers in accordance with the qualifications and capabilities prescribed in Articles 5 and 6 of these Regulations to ensure the management of extraction activities in compliance with the Minerals Law and other relevant legal documents.

Article 4.Organizations and individuals permitted to extract minerals may only conduct extraction activities when they have a Mine Manager meeting the qualification and capability standards and approved as provided for in Article 9 of these Regulations.

Article 5.Standards for professional qualifications of Mine Managers.

1. For underground mining:

Mining engineer for underground mines or construction engineer for underground mines with at least five years of direct experience in underground mining (excluding probationary period).

2. For open-pit mining:

Mining engineer for open-pit mines or underground mines with at least three years of direct experience in open-pit mining (excluding probationary period).

If the engineer is a geological exploration engineer, he must have been trained in mining technology and has at least five years of direct experience in open-pit mining (excluding probationary period).

For non-metallic mines extracted by open-pit methods without the use of industrial explosives or ordinary construction materials extracted by simple manual methods, the Mine Manager may have a professional qualification of a mid-level mining engineer or a mid-level geological exploration engineer. In the case where the person appointed as Mine Manager has a mid-level mining engineering qualification, he must have at least three years of direct experience in open-pit mining (excluding probationary period); if it is a mid-level geological qualification, he must have been trained in mining technology and has at least three years of direct experience in open-pit mining (excluding probationary period).

Article 6.Standards for managerial and operational capabilities of Mine Managers.

1. Mastery of provisions in legal documents on minerals and those in other legal documents related to exploration, extraction, and processing of minerals.

2. Mastery of procedures, norms, standards, and technical principles of mine design, technical quotas for mine extraction, internal rules, and safety regulations in mine extraction issued by competent state authorities.

3. Practical experience, organizational, managerial, and operational technical capabilities in mine extraction, occupational safety technology, environmental protection measures; ability to propose measures to promptly address incidents or prevent and eliminate potential causes of technical, occupational safety, and environmental incidents during mineral extraction activities; mastery of current procedures, norms, and regulations of the law on the management and use of industrial explosives.

4. Ability, level, and practical experience in organizing and implementing research, application, improvement, and innovation in mining technology and techniques.

Article 7.Foreign Mine Managers also comply with the standards prescribed in Articles 5 and 6 of these Regulations and must be persons permitted to reside and work in Vietnam according to Vietnamese law.

Article 8.Before conducting extraction activities, organizations and individuals permitted to extract minerals must submit notification files about the Mine Manager to the Vietnam Geological and Mineral Resources Department, the Provincial Industrial Department (where the mineral extraction activity takes place).

The file includes: Resume of the Mine Manager (according to the model);

Appointment decision of the Mine Manager;

Legitimate copies of professional certificates as prescribed in Article 5;

Legitimate copies of other certificates if relevant.

Article 9. The Director of the Vietnam Geological and Mineral Resources Department or theDirector of the Industry Department (for the exploitation of common constructionmaterials and residual mineral exploitation) has the right to not accept theMine Manager if they determine that the appointed Mine Manager does not meet thequalifications and capabilities as stipulated herein, and may require theorganization or individual permitted to exploit minerals to appoint anotherperson who meets the conditions for replacement as prescribed.

Within fifteen days from the date of receiving a complete and valid applicationfile on the Mine Manager, if the Director of the Vietnam Geological andMineral Resources Department or the Director of the Industry Department (for theexploitation of common construction materials and residual mineral exploitation)does not issue a document requesting a replacement appointment, it shall beconsidered that the Mine Manager has been accepted.

Article 10When changing the Mine Manager, before the handover of duties between the oldand new Mine Managers, the organization or individual permitted to exploitminerals must notify and submit the application file of the newly appointed MineManager to the Vietnam Geological and Mineral Resources Department, the IndustryDepartment (where the mining activities take place) in accordance with Article8 and Article 9 of this Regulation.

Article 11Organizations and individuals permitted to exploit minerals who violate theprovisions of this Regulation will be subject to administrative penalties underpoint d, Clause 1 and point a, Clause 2, Article 6 of Decree No. 35/CP dated April23, 1997 of the Government on administrative penalties for violations in the fieldof state management of minerals.

Article 12.The Director of the Vietnam Geological and Mineral Resources Department, theDirector of the Technical Safety Inspection and Supervision Department, and theDirectors of the Industry Departments of provinces and centrally-administeredcities have the responsibility to inspect and urge organizations and individualsgiven permission to exploit minerals to comply with this Regulation./.

 

BRIEF CURRICULUM VITAE OF THE MINE MANAGER

of. . . . . . . . . . . . . . . . . (organizations or individuals permittedto exploit minerals)

mining.............: (type of mineral) at the mine..........(name of themine, address)

Miningpermit number:...on .......... month...year...

HAPPY...................................(issuingauthority for the mining permit) issued

1.Full name (Mine Manager) ..........................................................................................................

2.Date of birth ..........................................................................................................................

3.Place of origin..........

4.Ethnicity .......................................................... Nationality......................................................................

5.Residential address..................; Office phone.......................,Home phone....................................

Mobile phone.................... .

6.Identity card number..................... HAPPY................||| (ifVietnamese citizen);

Passportnumber..................................HAPPY...............issued(if foreign national).

7.Graduated from school.......................................................................Year.................................................

8.Major ......

9.Courses attended and training received, time period, name of diploma orcertificate .........................

....................................................................................................................................................................................................................................................................................................................................................

10.Periods of work experience: From month........... year.......... tomonth.......... year......................

-Work responsibilities undertaken...........................................................................................................................

-Positions held ...........................................................................................................................

-Notable achievements

Frommonth........... year......... tomonth........ year........

11.Appointment decision number.................dated...........the..........year..........of................................................

12.Current health status......................................................................................................................................

13.Awards and disciplinary actions:................................................................................................................................

....................................................................................................................................................................................................................................................................................................................................................

             ............, day… month…year .......              ....., day…month…year…

             Certified by the Head of the organization or individual                               Person declaring and signing

             permitted to exploit minerals

 

(signature, stamp)