Quyết định 37/2002/QD-BCN

DECISION

PROMULGATING THE REGULATION ON CRITERIA OF PROFESSIONAL QUALIFICATIONS AND CAPABILITY OF MINE EXECUTIVE MANAGERS

THE MINISTER OF INDUSTRY

Pursuant to the Government’s Decree No.74/CP of November 1, 1995 on the functions, tasks, powers and organizational structure of the Ministry of Industry;
Pursuant to the March 20, 1996 Mineral Law and the Government’s Decree No.76/2000/ND-CP of December 25, 2000 detailing the implementation of the Mineral Law (amended);
At the proposal of the director of Vietnam Geology and Minerals Department,

DECIDES:

Article 1.- To promulgate together with this Decision the "Regulation on criteria of professional qualifications and capability of mine executive managers."

Article 2.- This Decision takes effect 15 days after its signing and replaces the Industry Minister’s Decision No. 1457/QD-DCKS of September 4, 1997 promulgating the Regulation on criteria of professional qualifications and capability of mine executive managers. The previous stipulations contrary to this Decision are all hereby annulled.

Article 3.- The director of the Office and the chief inspector of the Industry Ministry, the directors of Departments under the Ministry, the directors of the Industry Services of the provinces and centrally-run cities, organizations and individuals permitted to exploit minerals, as well as other concerned organizations and individuals shall have to implement this Decision.

REGULATION

ON CRITERIA OF PROFESSIONAL QUALIFICATIONS AND CAPABILITY OF MINE EXECUTIVE MANAGERS
(Promulgated together with the Industry Minister’s Decision No. 37/2002/QD-BCN of September 13, 2002)

Article 1.- This Regulation prescribes the criteria of professional qualifications and capability of mine executive managers and applies to the consideration and appointment or dismissal of executive managers of mines of organizations and individuals permitted to exploit solid minerals, including the full extraction by organizations being enterprises (hereinafter collectively referred to as organizations and individuals permitted to exploit minerals) according to the provisions in Article 65 of the Government’s Decree No.76/2000/ND-CP of December 15, 2000 detailing the implementation of the Mineral Law (amended).

This Regulation shall not apply to the exploitation of mineral water and natural thermal water and the full extraction of minerals by non-enterprise individuals.

Article 2.- Mine executive managers are designated by minerals-exploiting organizations and individuals to directly manage mineral exploiting activities, and responsible for their assigned tasks according to the provisions of law.

Article 3.- Organizations and individuals permitted to exploit minerals shall be responsible for considering and deciding to designate mine executive managers according to the professional qualifications and capability prescribed in Articles 5 and 6 of this Regulation, in order to ensure that the management of mineral exploiting activities is compliant with the provisions of the minerals legislation and other relevant legal documents.

Article 4.- Organizations and individuals permitted to exploit minerals shall be allowed to conduct exploiting activities only when they have mine executive managers, who satisfy all professional qualification and capability criteria and have been approved according to the provisions in Article 9 of this Regulation.

Article 5.- Professional qualification criteria of mine executive managers

1. For pit mining:

They must be pit mining or pit building engineers who have been personally engaged in pit-mining activities for five years or more (excluding the probation period).

2. For open-cast mining:

They must be open-cast mining or pit mining engineers who have been personally engaged in open-cast mining activities for three years or more (excluding the probation period).

For geological exploration engineers, they must have gone through training in mining techniques and been personally engaged in mineral exploitation in open-cast mines for five years or more (excluding the probation period).

For non-metal mines where the open-cast mining method is applied without using industrial explosive materials, or where minerals to be used as common construction materials are exploited by simple manual methods, the mine executive managers may be of intermediate professional level in mining or geological exploration. In cases where persons to be appointed as mine executive managers are of intermediate professional level in mining, they must have been personally engaged in the mineral exploitation in open-cast mines for three years or more (excluding the probation period). If they are of intermediate professional level in geology, they must have been trained in mining techniques and personally engaged in the mineral exploitation in open-cast mines for three years or more (excluding the probation period).

Article 6.- Managerial and executive capability criteria of mine executive managers

1. Firmly grasping provisions of legal documents on minerals and provisions of other legal documents on activities of mineral exploration, exploitation and processing.

2. Mastering the technical processes, standards and rules in mine designing and exploitation, mining technical norms, internal regulations and rules on labor safety in mining activities already promulgated by the competent State agencies.

3. Having practical experience, capability and skills for organizing, managing and administering mining techniques, labor safety techniques and environmental protection measures; being capable of proposing measures to promptly deal with incidents or prevent and do away with things which may cause technical, labor safety and environmental incidents in mineral exploiting activities; firmly grasping processes, norms and current law provisions on management and use of industrial explosive materials.

4. Having capability, skills and practival experiences for organizing and conducting the research into, application, improvement and renewal of mineral exploitation techniques and technologies.

Article 7.- Mine executive managers who are foreigners shall also be subject to the criteria prescribed in Articles 5 and 6 of this Regulation and must be permitted to reside and work in Vietnam according to provisions of Vietnamese laws.

Article 8.- Before conducting exploiting activities, organizations and individuals permitted to exploit minerals shall have to send dossiers notifying mine executive managers to Vietnam Geology and Minerals Department and/or Industry Services of the provinces and centrally-run cities (where mining activities are conducted).

Each dossier comprises:

- Curriculum vitae of the mine executive manager (made according to the set form);

- Decision on appointment of the mine executive manager;

- Valid copies of professional diplomas according to provisions in Article 5;

- Valid copies of other relevant diplomas and certificates.

Article 9.- The director of Vietnam Geology and Minerals Department or directors of provincial/municipal Industry Services (for the exploitation of minerals for use as common construction materials and the full extraction) may refuse to approve mine executive managers if they deem that the persons appointed to be mine executive managers are unqualified and incapable under this Regulation, and can request the concerned organizations or individuals permitted to exploit minerals to appoint other persons, who are fully qualified for the job according to regulations.

Within 15 days after receiving complete and valid dossiers on mine executive managers, if the director of Vietnam Geology and Minerals Department or directors of provincial/municipal Industry Services (for the exploitation of minerals for use as common construction materials and the full extraction) make no written request for replacement, the proposed mine executive managers shall be considered having been approved.

Article 10.- For the change of mine executive managers and before the outgoing and incoming mine executive managers meet for work handover and takeover, the organizations and individuals permitted to exploit minerals shall have to notify such and send dossiers of newly appointed mine executive managers to Vietnam Geology and Minerals Department and/or the Industry Services of provinces or centrally-run cities (where mining activities are conducted) according to the provisions in Articles 8 and 9 of this Regulation.

Article 11.- The minerals-exploiting organizations and individuals that commit acts of violating this Regulation’s provisions shall be sanctioned according to Point d, Clause 1 and Point a, Clause 2, Article 6 of the Government’s Decree No.35/CP of April 23, 1997 prescribing sanctions against administrative violations in the State management over minerals.

Article 12.- The director of Vietnam Geology and Minerals Department, the director of the Department for Technical Control and Supervision of Industrial Safety and the directors of the Industry Services of the provinces and centrally-run cities shall have to inspect and urge organizations and individuals permitted to exploit minerals to implement this Regulation.