Circular No. 38/2014/TT-BTNMT Issuing the Supervision Regulation for the Implementation Process of the Basic Geological Survey Projects on Mineral Resources Participated by Organizations and Individuals

CIRCULAR

Issued Article 24Supervision regulations on the implementation process of basic geological surveys on minerals conducted by organizations and individuals participating in investment

 basic geological surveys on minerals conducted by organizations and individuals participating in investmentconcerning the classification and determination of state management authority in the field of crop production

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

Pursuant to Decree No. 15/2012/NĐ-CP dated March 9, 2012 of the Government detailing the implementation of certain provisions of the Law on Minerals;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment.

At the proposal of the Director General of the Vietnam Geological and Mineral Resources Administration and the Department Head of the Legal Affairs Department;

The Minister of Natural Resources and Environment promulgates this Circular on the Supervision Regulations on the Implementation Process of Basic Geological Surveys on Minerals Conducted by Organizations and Individuals Participating in Investment.

Article 1. This Circular promulgates the Supervision Regulations on the Implementation Process of Basic Geological Surveys on Minerals Conducted by Organizations and Individuals Participating in Investment.

Article 2. This Circular takes effect from August 18, 2014.

Article 3. The Director of the Vietnam Geological Survey, Heads of units under the Ministry, organizations and individuals participating in investment, geological units implementing the basic geological survey project on minerals, and related organizations and individuals are responsible for implementing this Circular./.

 

 

REGULATIONS

Supervision of the implementation process of basic geological surveys

on minerals conducted by organizations and individuals participating in investment

(Issued together with Circular No. 38/2014/TT-BTNMT dated July 3, 2014 of

the Minister of Natural Resources and Environment)

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PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. These regulations govern the supervision of the implementation process of basic geological surveys on minerals conducted by organizations and individuals participating in investment (hereinafter referred to as the Project).

Article 2. Scope of Application

Clause 1. Geological units carrying out the works of the Project that have been approved by competent state management authorities.

Clause 2. Organizations and individuals participating in the investment in basic geological surveys on minerals.

Article 3. Supervision during construction

Article 3. Principles of Supervision

Clause 1. Supervision of the construction of the works of the Project shall be carried out regularly, independently, and concurrently with the construction process of the Project.

Clause 2. Supervisory activities must ensure accuracy, objectivity, and a full, truthful reflection of the development of the construction process of the Project; they must not hinder the construction of the Project.

Clause 3. Timely recommendations to competent authorities when violations are discovered during the supervisory construction phase of the Project.

Article 4. Basis for Supervision

Clause 1. The Project that has been approved by competent authorities.

Clause 2. Current regulations, procedures, norms, standards, technical specifications, and economic-technical quotas in basic geological surveys on minerals.

Clause 3. Legal provisions related to labor safety, explosive material usage, fire prevention, environmental protection, and mineral resource conservation.

Article 5. Content of supervision

Article 5. Content of Supervision

Clause 1. The sequence and progress of construction of the works according to the Project approved by competent authorities.

Clause 2. Quality and quantity of construction of the works based on current technical standards, specifications, and quotas.

Clause 3. Compliance with regulations on labor safety, fire prevention, and environmental protection.

Article 6. Forms of Supervision

Clause 1. Direct supervision includes activities such as observation, description, and photographing the construction site of ongoing works.

Article 7. Direct supervision items and post-supervision items

1. Direct supervision items include:

a) Excavation works: pits, trenches, wells, furnaces, drilling, trial mining areas;

b) Taking technological samples or processing samples in construction projects and geophysical works.

2. Post-supervision items include:

a) Surveying work, topographic mapping, hydrogeological-geotechnical survey;

b) Geological mapping route; gravimetric, geochemical work; taking and analyzing various types of samples;

c) Reporting on construction results and accompanying documentation.

3. Supervision of these items must ensure the content of supervision as prescribed in Article 5 of this Regulation.

Article 8. Organization of the supervision team

1. The Director of the Vietnam General Department of Geology and Mineral Resources shall establish the supervision team.

2. The composition of the supervision team shall not exceed nine members including: one (01) Team Leader, one (01) Deputy Team Leader, and other members with appropriate technical expertise for the assigned project.

3. Members of the supervision team must meet the following criteria:

a) Possess appropriate technical expertise for the assigned supervision tasks;

b) Have at least three years of direct involvement in basic geological surveys related to minerals or mineral exploration;

c) Not be a technical staff member of the geological unit implementing the assigned project.

In cases where members of the supervision team represent organizations or individuals participating in investment, they are not required to meet the criteria stipulated in points a, b, and c of this clause.

4. In addition to the provisions in points a and c of Clause 3 of this Article, the Team Leader must have a bachelor's degree in mineral geology; understand and be proficient in regulations, procedures, standards, and technical norms regarding basic geological surveys related to minerals; and have served as the principal investigator of at least one (01) basic geological survey project related to minerals.

5. In addition to the provisions in points a and c of Clause 3 of this Article, the Deputy Team Leader must have at least five years of direct involvement in basic geological surveys related to minerals.

Article 9. Responsibilities and authorities of the supervision team

1. Responsibilities and authorities of the supervision team:

a) Draft and submit to the Director of the Vietnam General Department of Geology and Mineral Resources for approval the supervision plan for the project;

b) Organize the implementation of supervision according to the contents prescribed in Article 5 of this Regulation and the approved plan;

c) Be responsible before the Vietnam General Department of Geology and Mineral Resources and the law for the results of supervision;

d) Members participating in the supervision team shall enjoy benefits as prescribed by law.

2. Responsibilities and authorities of the Team Leader:

a) Assign tasks to members of the supervision team and organize the implementation of supervision;

b) Order the cessation of construction of project components with violations, requiring the unit to temporarily stop construction, repair, and rectify;

c) Propose non-acceptance and non-payment for project components and construction volumes that do not meet requirements;

d) Coordinate with organizations and individuals participating in investment to implement supervision of project construction;

e) Be responsible before the Director of the Vietnam General Department of Geology and Mineral Resources and the law for the results of supervision of project construction.

3. Responsibilities and authorities of the Deputy Team Leader: perform the responsibilities and authorities of the Team Leader when authorized in writing.

4. Responsibilities and authorities of members of the supervision team:

a) Conduct supervision of construction of assigned project components as directed by the Team Leader;

b) Truthfully report on the progress of construction of assigned project components;

c) Promptly report to the Team Leader and notify the construction unit when discovering errors, violations, or safety issues during construction;

d) Be responsible before the Team Leader and the law for the quality of supervision of assigned project components.

Chapter II

PROCEDURES FOR SUPERVISION ACTIVITIES

Article 10. Establishing Supervision Plans

1. A supervision plan shall be established for each specific project proposal.

2. The supervision team shall establish the supervision plan and submit it to the Director of the Vietnam Geological and Mineral Resources General Department for approval. The content of the supervision plan must fully include all items of supervisory work, supervisory personnel, supervisory time, and supervisory costs according to the model prescribed in Appendix 1 attached to this Regulation.

Article 11. Organizing the Implementation of Supervision Activities

1. Before implementing supervision activities, the supervision team shall report to the Vietnam Geological and Mineral Resources General Department and notify relevant organizations and individuals about the implementation of the supervision plan for the project proposal; organize the implementation of supervisory work strictly in accordance with the approved plan.

2. During the supervision process, supervisory members must record supervisory logs detailing all supervisory tasks. The format of the logbook follows the model prescribed in Appendix 2 attached to this Regulation.

3. Upon completion of each item of work, supervisory members must prepare a record for each assigned supervisory item. The supervisory record is prepared according to the model prescribed in Appendix 3 attached to this Regulation.

4. In case of discovering errors, violations, or safety issues during construction, supervisory team members must prepare a record and promptly report to the Head of the Supervision Team for handling.

5. Upon receiving the report, the Head of the Supervision Team must promptly inform relevant organizations and individuals, inspect the site, and request the construction unit to repair and rectify the violations; suspend construction if serious violations are found or if the construction unit does not rectify them, and report to the Vietnam Geological and Mineral Resources General Department for handling within their authority.

Article 12. Reporting on Supervision Results

1. The Head of the Supervision Team must prepare a report to send to the Vietnam Geological and Mineral Resources General Department and notify related organizations and individuals about the supervision results immediately after the completion of each phase of the project proposal. The supervision report is prepared according to the model prescribed in Appendix 4 attached to this Regulation.

2. Documentation, records, and reports on supervision results serve as the basis for examining and accepting the quantity and quality of construction of the project proposal.

Chapter III

IMPLEMENTATION

Article 13. Responsibility for Implementation

1. Vietnam Geological and Mineral Resources General Department

a) Shall be responsible for assisting the Minister of Natural Resources and Environment in managing and organizing supervision for project proposals;

b) Shall inspect and guide relevant units, organizations, and individuals in implementing this Regulation.

2. Organizations and individuals participating in investment and implementation of project proposals

a) Shall appoint representatives to join the supervision team of the Vietnam Geological and Mineral Resources General Department.

b) Shall fulfill all financial commitments and contributions in full and on schedule to ensure that the project proposal construction work proceeds according to the approved plan.

3. Geological construction units of the project proposal

a) Shall provide the supervision team with complete information about the plan, time, and items of construction work;

b) Shall facilitate the supervision work;

c) Shall rectify and repair errors according to the recommendations of the supervision team and competent authorities to ensure that the construction meets quality standards and progresses on schedule.

Article 14. Awards and Handling of Violations

Article 14. Awards and Handling Violations

1. Individuals who achieve outstanding results in supervising project proposals shall be awarded according to the provisions of the law.