Thông tư 15/2009/TT-BCT

CIRCULAR

PROVIDING FOR STANDARDS OF QUALIFICATIONS AND CAPABILITY OF MINE EXECUTIVE DIRECTORS

Pursuant to the Law on Mineral dated March 20, 1996 and the Law on amendments to the Law on the Mineral 46/2005/QH11 dated June 14, 2005 by National Assembly of the Socialist Republic of Vietnam;

Pursuant to Decree No. 160/2005/ND-CP dated December 27, 2005 by the Government providing guidance on the implementation of the Law on Mineral and the Law on amendments to the Law on Mineral;

Pursuant to the Decree No. 189/2007/ND-CP dated December 27, 2007 by the Government on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
The Ministry of Industry and Trade promulgates regulation on standards of qualifications and capability of mine executive directors as follows:

Article 1. This Circular provides for the standards of qualifications and capability of mine executive directors and applies to the appointment, reappointment, contract conclusion, contract extension and dismissal of mine executive directors that organizations/individuals permitted to extract solid mineral according to laws on mineral (excluding mineral as building materials, mineral as materials for cement production, oil and gas production and for production of natural thermal./mineral water) appoint to direct the mineral extraction (hereinafter referred to as organizations/individuals permitted to extract mineral)

Article 2. Every mine executive director shall be responsible for their assigned tasks according to law provisions.

Any organization/individual permitted to extract mineral must not conduct mineral extraction if such organization/individual does not have a mine executive director who satisfies standards of qualifications and capability according to regulations in Article 3 of this Circular. The consideration and decision of appointment or conclusion of labor contract with an executive director shall be pursuant to the standards specified in Article 3 of this Circular.

Article 3. Standards for mine executive directors

1. Professional qualifications

a) Any executive director of a pit mine must be a pit mining engineer or a pit building engineer who has been personally engaged in pit-mining activities for at least 05 (five) years.

b) Any executive director of an open-cast mine must be an open-cast mining engineer or a pit mining engineer who has been personally engaged in open-cast mining activities for at least 03 (three) years; an executive director of an open-cast mine who is a geological exploration engineer must have gone through training in mining techniques and been personally engaged in mineral extraction in open-cast mines for at least 05 (five) years.

c) Regarding non-metal mines where the open-cast mining method is applied without using industrial explosives or where minerals are extracted by simple manual methods, the executive directors shall have qualifications of intermediate professional or higher level in mining or geological exploration. If the executive director has an associate degree, he/she must have personally engaged in the mineral extraction in open-cast mines for at least 03 (three) years. If the executive director has an associate degree in geology exploration, he/she must have been trained in mining techniques.

2. Managerial and executive capability

The executive director must:

a) Firmly grasp provisions of legal documents on minerals and provisions of other legal documents on activities of mineral exploration, extraction and processing.

b) Master the rules, processes and standards in mine designing and extraction; mining technical standards, regulations on labor safety in mining and other law provisions on the management and use of industrial explosives.

c) Be capable of organizing and managing and having practical experience of administering mining techniques, safety techniques and environmental protection measures, and be capable of proposing and applying measures for risk management and emergency prevention and response in mineral extraction.

d) Have capability, skills and practical experiences for organizing and conducting the application, improvement and innovation of mineral extraction techniques and technologies.

Article 4. The organizations/individuals permitted to extract minerals shall send a notification of the appointment, reappointment or conclusion of labor contract for hiring mine executive director within 07 (seven) working days from the day on which the Decision on appointment is issued or the day on which the labor contract is signed to the Industrial Safety Techniques and Environment Agency, the Ministry of Industry and Trade (applicable to mineral extraction obtaining permission from the Ministry of Natural Resources and Environment) or to the Service of Industry and Trade of central-affiliated cities and provinces where the extraction is carried out (applicable to mineral extraction obtaining permission from local governments) for supervision and inspection.

The notification shall include:

- A curriculum vitae of the mine executive director (according to the Appendix);

- A Decision on appointment or the labor contract with the mine executive director;

- Valid copies of professional diplomas according to provisions in Article 3 of this Circular;

- Valid copies of Certificates of training in managerial and executive capability of the mine executive director and other relevant diplomas and certificates (if any).

Within 07 (seven) working days from the day on which the notification is received, if the documents are unsatisfactory or the mine executive director is found not meeting standards specified in Article 3 of this Circular, the Industrial Safety Techniques and Environment Agency or the Service of Industry and Trade shall send a written response to the organization/individual containing a request for completion or an explanation of why the mine executive director is unconformable. After such period, if there is no response, the notification shall be considered satisfactory and the mine executive director shall be consider conformable.

Article 5. If the mine executive director is a foreigner, apart from satisfying standards specified in Article 3 of this Circular, he/she must be permitted to reside and work in Vietnam according to Vietnam's law provisions.

Article 6. The training in mining techniques specified in points b and c clause 1 Article 3 of this Circular shall be presided over by the Industrial Safety Techniques and Environment Agency, the Service of Industry and Trade of central-affiliated cities and provinces cooperating with units having function of training. Besides, periodically, the Industrial Safety Techniques and Environment Agency and the Service of Industry and Trade shall provide training in managerial and executive capability of mine executive directors (disseminate and provide training in implementing new legislative documents, new regulations/policies, etc. related to mining activities). At the end of the training, each trainee shall obtain a corresponding certificate.

Article 7. Any organization/individual permitted to extract minerals that commits a violation against regulations in this Circular shall be penalized according to regulations in Article 6 of Decree No. 150/2004/ND-CP dated July 29, 2004 by the Government and Section 4 Article 11 of Decree No. 77/2007/ND-CP dated May 10, 2007 by the Government.

Article 8. If a mine executive director is appointed/re-appointed or has a labor contract concluded/extended before the effective day of this Circular and is subject to receiving training according to regulations in Article 6 of this Circular but has not received training, a report of the Industrial Safety Techniques and Environment Agency or the Service of Industry and Trade shall be made so that the mine executive director receives training in mining within 06 months from the day on which this Circular comes into effect.

Article 9. This Circular comes into effect after 45 days since it is signed.

Article 10. The Chief of the Ministry Office, Ministerial Chief Inspector, Director of Organization and Personnel Department, Legal Department, Department of Heavy Industry, Department of energy, Department of Science and Technology; the Director of the Industrial Safety Techniques and Environment Agency, Director of the Service of Industry and Trade of central-affiliated cities and provinces, organizations/individuals permitted to extract minerals and relevant organizations/individuals are responsible for implementing this Circular.