|
THE MINISTRY
OF NATURAL RESOURCES AND ENVIRONMENT
--------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
----------------
|
|
No.
17/2012/TT-BTNMT
|
Hanoi,
November 29, 2012
|
CIRCULAR
PROVIDING
CONDITIONS ON MINERAL EXPLORATION PRACTICE ORGANIZATIONS
Pursuant to November 17, 2010 Mineral Law No.
60/2010/QH12; Pursuant to the Government’s Decree No. 25/2008/ND-CP of March 4,
2008, defining the functions, tasks, powers and organizational structure of the
Ministry of Natural Resources and Environment, and Decree No. 89/2010/ND-CP of
August 16, 2010, amending and supplementing Article 3 of Decree No.
25/2008/ND-CP of March 4, 2008;
At the proposal of the General Director of
Geology and Minerals and the Director of the Legal Department;
The Minister of Natural Resources and
Environment promulgates the Circular to provide conditions on mineral
exploration practice organizations.
Article 1. Scope of regulation and
subjects of application
1. This Circular stipulates conditions on
mineral exploration practice specified in Article 35 of the Mineral Law.
2. This Circular applies to mineral exploration
practice organizations; organizations and individuals with mineral exploration
licenses; and state management agencies in charge of minerals.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Organizations satisfying conditions specified in
Article 35 of the Mineral Law and this Circular may conduct mineral
exploration, including:
1. Enterprises established under the Enterprise
Law;
2. Science and technology organizations
established under the Science and Technology Law;
3. Cooperatives and cooperative unions
established under the Cooperatives Law;
4. Non-business geological organizations
established by competent state agencies and performing the function or task of
mineral exploration.
Article 3. Dossiers for mineral
exploration practice
1. Upon conducting mineral exploration, a
mineral exploration practice organization must have a dossier for mineral
exploration practice, comprising:
a/ Documents of the organization: A certified
true copy of the establishment decision or science and technology activity
certificate or business registration certificate granted by a competent state
agency; the contract on mineral exploration or a competent agency’s decision on
the assignment of mineral exploration tasks (original); and list of staffs and
workers participating in the implementation of the mineral exploration project;
b/ Documents of persons participating in the
mineral exploration project (certified true copies or originals): The decision
assigning the technical manager as manager of the mineral exploration project
and his/her professional diplomas and curriculum vitae; labor contracts or
recruitment decisions; decisions on appointment or task assignment;
professional diplomas and certificates relevant to assigned tasks; copies of
identity cards or passports;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The dossiers for mineral exploration practice
specified in Clause 1 of this Article must be managed and preserved in
agencies, organizations and individuals with mineral exploration licenses and
mineral exploration practice organizations.
Article 4. Technical managers of mineral
exploration projects
1. The technical manager of a mineral
exploration project (below referred to as manager of a mineral exploration
project) must satisfy the criteria prescribed at Point b, Clause 1, Article 35
of the Mineral Law and the following provisions:
a/ Being a Vietnamese citizen or a foreigner
having a permit to work in Vietnam under the labor law;
b/ Possessing a university or higher degree in
geological mineral exploration (or in hydrogeology, engineering geology, for
mineral water or natural thermal water exploration projects). These degrees may
be granted by Vietnamese or foreign training institutions;
c/ Being knowledgeable about mineral law and
standards and technical regulations on mineral exploration; having capacity for
organizing the implementation of the items of the mineral exploration project
in succession;
d/ The manager of a mineral exploration project
in charge of constructing exploration works must satisfy the conditions on
working seniority as specified at Point b, Clause 1, Article 35 of the Mineral
Law. For a toxic mineral exploration project, he/she must have worked as a
geological technician for at least 1 toxic mineral exploration project. For
other mineral exploration projects, he/she must have worked as a geological
technician for at least 1 project on exploration of the same mineral.
2. The manager of a project may perform his/her
duties only after obtaining the assignment decision of the mineral exploration
practice organization.
3. The manager of a project may concurrently
manage no more than 2 mineral exploration projects. Upon making a report on
mineral exploration results, the manager must have directed the implementation
of the project for at least 25% of the period specified in the exploration
license.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The number of technical workers specialized
in geodegy, geology, hydrogeology, engineering geology, geophysics,
construction of works (excavation and drilling) and other relevant
disciplines must satisfy the requirement of the mineral exploration project
appraised when granting the exploration license.
2. Upon participating in the project, each group
of specialized technical workers shall appoint a leader who satisfies
professional requirements and has working seniority as follows:
a/ For toxic mineral exploration projects,
he/she must have a working seniority of at least 5 years for those who possess
a secondary professional degree or 3 years for those who possess a university
degree, of which at least 1 year of participation in a project on geological
survey or exploration of toxic minerals;
b/ For other mineral exploration projects,
he/she must have a working seniority of at least 3 years for those who have a
secondary professional degree or 2 years for those who have a university
degree.
Article 6. Special-use equipment and
tools for the construction of mineral exploration works
1. The quantity, quality and technical features
of special-use equipment and tools for the construction of mineral exploration
works must be suitable to the items of the mineral exploration project
appraised when granting a mineral exploration license. Equipment and tools for
the construction of the items of mineral exploration works must satisfy
technical requirements and ensure safe operation.
2. For exploration of radioactive minerals and
rare earths, special-use equipment and tools and technical staff must satisfy
radiation safety requirements under the radiation and nuclear safety law.
Article 7. Responsibilities of
mineral-exploring organizations and individuals and mineral exploration
practice organizations
1. Mineral-exploring organizations and
individuals shall:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/ Manage and preserve the dossiers of mineral
exploration practice organizations; and provide sufficient documents at the
request of competent state management agencies.
2. Mineral exploration practice organizations
shall:
a/ Comply with standards, technical regulations
and designs of appraised projects; and ensure the quality of work;
b/ Take responsibility before law and investors
for the truthfulness of documents, the quality and the results of mineral
exploration projects under regulations;
c/ Compile mineral exploration practice
dossiers; and provide information on exploration activities to investors and
competent state management agencies.
Article 8. Responsibilities of related
agencies
1. The General Department of Geology and
Minerals shall:
a/ Guide and examine the implementation of this
Circular;
b/ Inspect and examine conditions of mineral
exploration practice organizations with mineral exploration licenses granted by
the Ministry of Natural Resources and Environment;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d/ Organize professional and legal training for
managers of mineral exploration projects so as to raise the quality of
exploration.
2. Provincial-level Natural Resources and
Environment Departments shall:
a/ Inspect and examine conditions of mineral
exploration practice organizations with mineral exploration licenses granted by
the provincial- level People’s Committees;
b/ Handle according to their competence or
propose competent authorities to handle mineral exploration practice
organizations that violate the mineral law and relevant laws.
Article 9. Effect
This Circular takes effect on January 15, 2013.
Article 10. Implementation provisions
Any difficulties or problems arising in the
course of implementation should be promptly reported to the Ministry of Natural
Resources and Environment for consideration, revision and supplementation.-
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
FOR THE
MINISTER OF NATURAL RESOURCES AND ENVIRONMENT
DEPUTY MINISTER
Nguyen Linh Ngoc