Circular No. 43/2025/TT-BCT on technical safety standards in mineral extraction

CIRCULAR

Regulations on Safety Technology in Mineral Extraction

Pursuant to Decree No. 193/2025/NĐ-CP dated July 2, 2025 of the Government detailing certain provisions and implementing mechanisms of the Law on Geology and Minerals;

Pursuant to Decree No. 40/2025/NĐ-CP dated February 26, 2025, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director of the Department of Safety Technology and Industrial Environment;

The Minister of Industry and Trade promulgates this Circular on safety technology regulations in mineral extraction.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates standards for management and production operation positions in mineral extraction; training and issuance of safety technology training certificates for mineral extraction; approval for initial operation of equipment systems and means for underground mine extraction; classification of underground mines based on methane fire and explosion hazards; emergency response team training content.

Article 2. Applicability

This Circular applies to organizations, individuals, and state management agencies related to safety technology in mineral extraction.

Article 3. Explanation of Terms

1. Management and production operation personnel are those assigned responsibility to manage according to their specialized field or to direct production in a specific area within a mineral extraction mine. They include one of the following personnel: Mine Safety Engineer, Department Head, Foreman, Shift Supervisor.

2. Mine Safety Engineer is the person assigned by the organization or enterprise engaged in mineral extraction to manage technical safety work during production.

3. Department Head is the head of a department or the person assigned by the organization or enterprise engaged in mineral extraction to be responsible for safety, mining technology, electromechanical, transportation, ventilation, geological, surveying.

6. The semi-professional emergency response team of the organization or enterprise engaged in mineral extraction is a unit responding to emergencies, including individuals selected and trained in knowledge and skills for emergency response situations.

Chapter II

STANDARDS FOR MANAGEMENT AND PRODUCTION OPERATION POSITIONS; TRAINING AND ISSUANCE OF SAFETY TECHNOLOGY TRAINING CERTIFICATES FOR MINERAL EXTRACTION

Article 4. Standards for management and production operation positions in mineral extraction

1. Mine Safety Engineer

a) For underground mine extraction: Must have a bachelor's degree or higher in mining engineering, mine construction, or mine electromechanical engineering with at least three years of experience in work related to underground mine extraction.

b) For open-pit mine extraction: Must have a bachelor's degree or higher in mining engineering, mine construction, mine electromechanical engineering, or mine geology with at least two years of experience in work related to mine extraction for mines using industrial explosives.

2. Department Head: Must have a bachelor's degree or higher in a relevant engineering field corresponding to the assigned functions and tasks.

3. Foreman

a) For underground mine extraction: Must have an associate degree or higher in mining engineering, mine construction, or mine electromechanical engineering with at least two years of experience in work related to underground mine extraction.

b) For open-pit mine extraction: Must have an associate degree or higher in mining engineering, mine construction, mine electromechanical engineering, or mine geology with at least two years of experience in work related to mine extraction for mines using industrial explosives.

4. Shift Supervisor

a) For underground mine extraction: Must have an intermediate degree or higher in mining engineering, mine construction, or mine electromechanical engineering with at least one year of experience in work related to underground mine extraction.

b) For open-pit mine extraction: Must have an intermediate degree or higher in mining engineering, mine construction, mine electromechanical engineering, or mine geology with at least one year of experience in work related to mine extraction.

Article 5. Contents of technical safety training for mineral exploitation

1. For mine directors and persons responsible for mine safety technology

a) Legal regulations on safety technology in mineral exploitation;

b) Safety requirements during work in mines;

c) Establishing and approving risk management plans during mineral exploitation;

d) Regulations on safety when organizing production in mines;

đ) Safety in providing mine electricity;

e) Safety in mine transportation;

g) Calculating drainage and preventing mine flooding;

h) Preparing emergency response drill plans during mineral exploitation.

a) Legal regulations on safety in mineral exploitation;

b) Safety requirements during work in mines;

c) Identifying risks, dangerous factors, and measures to respond during mineral exploitation;

d) Emergency situations in responding to incidents during mineral exploitation;

đ) Arranging manpower to organize production at workshops;

e) Mine air safety, drainage, and water burst prevention;

g) Methods and procedures for supplying and regulating airflow volume in mines;

h) Safety in mining operations and pressure control;

i) Safety in electromechanical and mine transportation operations;

k) Preparing construction project passports in mines.

Article 6. Technical safety training for mineral exploitation

1. Trainers for technical safety in mineral exploitation

a) Trainers for workers in underground mineral exploitation mines must have a bachelor's degree or higher in one of the following engineering fields: mining engineering, mine construction, mine electromechanical, with at least five years of experience in mine technical management, at least three years of practical experience working in underground workshops, or at least five consecutive years of experience in state management of technical safety in mineral exploitation, and knowledge of mineral exploitation laws;

b) Trainers for workers in open-pit mineral exploitation mines must have a bachelor's degree or higher in one of the following engineering fields: mining engineering, mine construction, mine electromechanical, with at least three years of experience in technical management of open-pit or underground mines, especially those using industrial explosives, at least two years of practical experience in technical safety in mineral exploitation, or at least three years of experience in state management of technical safety in mineral exploitation, and knowledge of mineral exploitation laws;

2. Training formats

a) Initial training: Duration of twelve (12) hours;

b) Periodic training: Duration equal to half (1/2) of initial training time;

c) Retraining: Conduct retraining when examination results do not meet requirements, if work has been stopped for one year or more, or if there is a change in mineral exploitation methods without a valid safety training certificate, or when the safety training certificate expires. Duration of retraining equals half (1/2) of initial training time.

3. Mineral exploitation organizations

a) For open-pit mineral exploitation mines: Develop training materials according to the contents specified in Article 5 of this Circular; select trainers in accordance with the provisions of Clause 1 of this Article; organize training; manage and monitor technical safety training for mineral exploitation at enterprises.

b) For underground mineral exploitation mines: Develop training materials according to the contents specified in Article 5 of this Circular; select trainers in accordance with the provisions of Clause 1 of this Article; organize training; manage and monitor technical safety training for mineral exploitation at enterprises; request the People's Committee of the province where the mineral exploitation mine is located to inspect and issue safety training certificates to those who have successfully completed the training.

Article 7. Documents, procedures, and processes for inspection and issuance of certificates of technical safety training for mineral exploitation in underground mines

1. The application dossier for inspection and issuance of certificates of technical safety training for mineral exploitation in underground mines includes:

a) Application form according to Model No. 01 attached hereto;

b) List of persons applying for inspection and issuance of certificates of technical safety training for mineral exploitation in underground mines according to Model No. 02 attached hereto;

c) Two (2) photographs (3x4 cm) of the persons listed in the application for inspection and issuance of certificates of technical safety training for mineral exploitation in underground mines;

d) Documentation proving professional qualifications meeting the provisions of Article 4 of this Circular.

2. Organizations and individuals exploiting minerals in underground mines shall prepare one set of application dossier for inspection in accordance with Clause 1 of this Article and send it to the Provincial People's Committee via one of the following methods:

a) Direct delivery;

b) Send through postal service;

c) Sending through the national administrative procedure software system or that of the Provincial People's Committee;

d) Other methods as prescribed by law.

a) Within five working days from the date of receipt of complete and valid documents, the Provincial People's Committee shall notify the inspection plan to the applicant organization. In case the documents are incomplete or invalid, the Provincial People's Committee must respond in writing within two working days from the date of receipt, stating the reasons;

b) Within seven working days from the date of notification of the inspection plan, the Provincial People's Committee shall organize the inspection.

4. Content and results of the inspection

a) The inspection content shall be consistent with the training content prescribed in Article 5 of this Circular for corresponding subjects.

b) Certificates of technical safety training shall be issued to subjects who pass at least seven items out of the total number of items specified for each subject in Article 5 of this Circular.

6. Certificates of technical safety training for mineral exploitation are valid for a period of five years from the date of issuance and are valid nationwide.

7. Reissuance of certificates of technical safety training for mineral exploitation

a) Certificates of technical safety training for mineral exploitation shall be reissued in cases of loss, error, or damage;

b) Reissued certificates of technical safety training for mineral exploitation shall have the same content and validity period as the original certificates;

c) Application dossier for reissuance: Application for reissue according to Model No. 04 attached hereto; two (2) photographs (3x4 cm) and list of subjects applying for reissue;

8. Certificates of technical safety training for mineral exploitation shall be revoked in cases where they are found to have been issued beyond authority or do not meet the conditions stipulated in point a, Clause 1; Clause 2; point a, Clause 3 and point a, Clause 4 of Article 4 of this Circular.

a) Application dossier for revocation: Revocation application form of organizations and enterprises according to Model No. 09 attached hereto;

Chapter III

SYSTEM OF EQUIPMENT AND MEANS BEFORE INITIAL OPERATION IN MINES, CLASSIFICATION OF UNDERGROUND MINES ACCORDING TO THE LEVEL OF DANGER CAUSED BY METHANE FIRE AND EXPLOSION AND CONTENTS OF EMERGENCY RESPONSE TRAINING FOR SEMI-PERSONNEL RESPONSIBILITY

1. The list of system of equipment and means before being put into initial operation in underground mines must be inspected and approved by the competent state management agency including:

a) Mine hoists;

b) Equipment systems for transporting people; using diesel engines;

c) Hydraulic systems for supporting in underground mines;

d) Main ventilation fan stations.

2. Inspection and approval authority.

The Department of Safety and Environmental Technology inspects and approves the system of equipment and means before being put into initial operation in underground mines.

3. Documents for requesting inspection and approval include:

a) Request document according to Model No. 05 attached to this Circular;

b) Procurement documents for the system of equipment and means;

c) Design installation documents, completion drawings;

d) Acceptance records, certification test reports (if any);

đ) Operation procedures for the system of equipment and means;

e) Safety regulations during operation.

4. Organizations and individuals exploiting underground mineral resources shall prepare one set of documents for requesting inspection and approval as stipulated in Clause 3 of this Article and send it to the Department of Safety and Environmental Technology through one of the following methods:

a) Direct delivery;

b) Send through postal service;

c) Sending via the national administrative procedure software system or that of the Ministry of Industry and Trade;

d) Other methods as prescribed by law.

Within five working days from the date of inspection results, the Department of Safety and Environmental Technology shall issue an approval document for the system of equipment and means before being put into initial operation in underground mines according to Model No. 06 attached to this Circular.

Article 9. Documents, procedures, and formalities for classifying underground mines based on the level of danger caused by methane fires and explosions.

1. Documents for requesting classification of underground mines based on the level of danger caused by methane fires and explosions include:

a) Request document according to Model No. 07 attached to this Circular;

b) Calculation of mine classification based on relative methane emission rate and natural methane content;

c) Diagrams showing the locations of coal or ore sampling points and gas sample collection points for each round;

d) Analysis results of coal or ore samples and gas samples;

đ) Forecasting results of methane content and emission for deeper levels for each seam;

e) Updated results of automatic centralized mine gas monitoring system measurements for mines using such systems.

The documents specified in this clause shall be prepared in accordance with the National Technical Regulations on specialized safety.

2. Before January 15th each year, organizations and individuals exploiting underground mineral resources containing methane must prepare one set of documents for classifying underground mines based on the level of danger caused by methane fires and explosions as stipulated in Clause 1 of this Article and submit them to the Department of Safety and Environmental Technology through one of the following methods:

a) Direct delivery;

b) Send through postal service;

c) Sending via the national administrative procedure software system or that of the Ministry of Industry and Trade;

d) Other methods as prescribed by law.

Within five working days from the date of inspection results, the Department of Safety and Environmental Technology shall issue a Decision on classifying underground mines based on the level of danger caused by methane fires and explosions according to Model No. 08 attached to this Circular.

Article 10. Content of training for part-time emergency rescue teams in mineral exploitation

1. For underground mines

a) Legal provisions on organization and operation of accident response, natural disaster management, and search and rescue operations;

b) Principles of operation of part-time emergency rescue teams;

c) Types of mine accidents and rescue methods, accident response methods for mines;

d) Initial first aid methods;

đ) Use of respirators (theory and practice);

e) Use of life-saving equipment to rescue victims (theory and practice);

g) Use of gas detectors, wind speed meters, communication devices;

h) Construction and use of various types of isolation barriers;

i) Practice of rescue tactics, emergency rescue operations in mines.

2. For open-pit mines

a) Types of mine accidents and rescue methods, accident response methods for mines;

b) Contents prescribed in points a, b, d, and i of Clause 1 of this Article.

Chapter IV

IMPLEMENTATION RESPONSIBILITY

Article 11. Implementation Provisions

1. This Circular takes effect from the date of signature.

2. Within one year from the date this Circular takes effect, organizations and individuals exploiting minerals that have not met the conditions stipulated in this Circular must ensure compliance with the provisions of this Circular.

3. As for systems of equipment and means prescribed in Clause 1 of Article 8 of this Circular that were put into operation before the effective date of this Circular, there is no need to conduct inspection and approval of the system of equipment and means prior to their initial operation in underground mines as required by this Circular.

4. During implementation, if difficulties or obstacles arise, relevant agencies, enterprises, organizations, and individuals should report to the Ministry of Industry and Trade (through the General Department of Safety and Environmental Protection) for guidance and resolution.