MINISTRY OF INDUSTRY

MINISTRY OF INDUSTRY No. 1457/QD-DCKS	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
	Hanoi, 04 September 1997

DECISION OF THE MINISTER OF INDUSTRY
PROMULGATING REGULATION ON QUALIFICATION
AND CAPABILITY STANDARDS OF MINE MANAGERS

THE MINISTER OF INDUSTRY

- Pursuant to the Government’s Decree No 74/CP dated 01 November 1995 on functions, duties, powers and organisational structure of the Ministry of Industry;

- Pursuant to the Mineral Law dated 20 March 1996 and the Governmen’s Decree No 68/CP dated 01 November 1996 stipulating in detail the implementation of the Mineral Law;

- At the proposal of the Director General of the Department of Geology and Minerals of Vietnam,

DECIDES

Article 1. To promulgate in attachment to this Decision the "Regulation on qualification and capability standards of Mine Managers" for uniform application throughout the country.

Article 2. This Regulation shall take effect on 01 January 1998.

Article 3. The Director General of the Department of Geology and Minerals of Vietnam; The Directors of Departments of Industry of provinces and cities directly under the central authority and organisations and individuals granted with mining licences shall be responsible to implement this Decision.

REGULATION

on Qualification and Capability Standards of Mine Managers

(Promulgated in attachment to Decision No 1457/QD-DCKS dated 04 September 1997 of the Minister of Industry)

Article 1. This Regulation on qualification and capability standards of Mine Managers shall apply to consider, appoint or dismiss Managers of the mines of organisations or individuals granted with licenses for solid mineral mining, including artisanal mining by organisations which are enterprises as provided for in Article 65 of the Government’s Decree No 68/CP dated 01 November 1996.

This Regulation shall not apply to the exploitation of natural mineral and thermal water and artisanal mining by individuals which are not enterprises.

Article 2. Mine Manager is the person assisting the Mine Director to manage directly the mining activities, responsible to the Mine Director for directing, organising the implementation of mining activities and inspecting the production and safety techniques of the mine.

The Mine Director may be concurrently Mine Manager if he fully meets the qualification and capability standards of a Mine Manager in accordance with this Regulation.

Article 3. Organisations or individuals granted with mineral mining licences shall be entitled to carry out mining activities only when they have Mine Managers meeting the standard as guided in this Regulation.

Article 4. Professional qualification standards for a Mine Manager.

1. For underground mining:

Being an underground mining engineer with actual working experience in underground mines not less than five (5) years (excluding the practising period).

2. For open pit mining:

Being a mining engineer with actual working experience at mine(s) not less than three (3) years (excluding the practising period).

In case of a geological exploration engineer, he must have actual working experience at mines not less than three (3) years (excluding the practising period) and must have completed a training course in mining engineering.

3. In special cases for open pit mining, whereas the mining technology is manual and simple or the mine is in a remote, isolated or high mountain area, the personnel with professional qualification as stipulated in clauses 1 and 2 of this Article are lacking, a Mine Manager may be a mining technician or exploration geologist having secondary professional school degree with working experience as stipulated in clause 2 of this Article.

Article 5. Management and operation capability standards for a Mine Manager.

- Mastering the provisions of legal documents on minerals and other legal documents related to mineral activities.

- Mastering the procedures, specifications, standards, technical norms in mining; internal rules, rules on labour safety in mining promulgated by competent State authorities.

- Having the capability of organisation of management of mining technology, labour safety technology, environmental protection; having the capability and qualification to set forth measures for promptly overcoming or preventing and eliminating causes of technical, labour and environmental accidents in mineral mining and processing activities.

- Having the capability and qualification to organise and make research, application, improvement, renovation of technique and technology for mining and processing minerals of the mine.

Article 6. Mine Managers who are foreigners must also meet the standards specified in Articles 4 and 5 of this Regulation and must be the ones permitted to reside and work in Vietnam in accordance with the law of Vietnam.

Article 7. Before carrying out mining activities, the mining organisation or individual must send the notification and dossier of the Mine Manager to the Department of Geology and Minerals of Vietnam or the Department of Industry of the province or city directly under the central authority (where the mining activities take place ).

The dossier of the Mine Manager shall consist of:

- Curriculum vitae of the Mine Manager (in accordance with the form attached);

- Decision to appoint the Mine Manager;

- Copies of the professional diplomas and certificates;

- Copies of certificates on training in economic management, enterprise administration or state administrative management (if any);

- Copies of foreign language certificates (if any);

- Copy of Mine Manager training certificate (if any);

- Copies of certificates of training courses in environmental management, labour safety, or other relevant diplomas and certificates (if any).

Article 8. The Director General of the Department of Geology and Minerals of Vietnam or Directors of provincial Departments of Industry (with respect to mining of minerals for use as common construction material and artisanal mining) shall be entitled to reject a Mine Manager if he does not fully meet the standards on qualification and capability as provided for in this Regulation and require the organisation or individual granted with mineral mining licences to appoint another person for replacement in accordance with the regulations.

If within 07 days after the date of receipt of the complete and duly prepared dossier of the Mine Manager, the Director General of the Department of Geology and Minerals of Vietnam or Directors of provincial Departments of Industry (with respect to mining of minerals for use as common construction materials and artisanal mining) have not made written request on the appointment of another person for replacement, the appointed Mine Manager shall be deemed as being accepted.

Article 9. In case of change of the Mine Manager, the organisation or individual allowed to conduct mineral mining must send the dossier of the newly appointed Mine Manager to the Department of Geology and Minerals of Vietnam or the Department of Industry of the province or city (where their mining activities are taking place) to notify and get the approval before the old Mine Manager hands over the job to the new one.

Article 10. Any organisations, individuals allowed to conduct mineral mining that committed an action of violating the provisions of this Regulation shall be sanctioned in accordance with point d, clause 1, Article 6 of the Government’s Decree No 35/CP dated 23 April 1997 stipulating the sanctions against administrative violations in the field of State management of minerals.

Article 11. This Regulation shall take effect on 01 January 1998. Previous regulations not in conformity with this regulation shall be abrogated. Within thirty (30) days after the effective date of this regulation, the organisations or individuals granted with mineral mining licences before the effective date of this regulation shall send the dossier of the Mine Manager to the Department of Geology and Minerals of Vietnam and the Department of Industry of the province or city where their mining activities are taking place.

Article 12. The Department of Geology and Minerals of Vietnam, the Departments of Industry of provinces and cities directly under central authority and organisations and individuals allowed to conduct mineral mining shall be responsible to implement this Decision.

CURRICULUM VITAE

of the Mine Manager of ......................

(organisation, individual allowed to conduct mineral mining)

Licence No......... dated........

issued by........................

1. Full names (of the mine Manager)................................

2. Date of Birth...........................................

3. Native place......................................................

4. Ethnic group........................ Citizenship.....................

5. Passport No......... Place of issue.......... (in case of foreigners)

6. Graduated from......................(name of school), in............................(year)

7. Specialisation..........................................

8. Training courses attended, duration, certificates

.................................................................

9. Work experiences:

From............(month, year) to..................(month, year)

- Job assigned......................................................................

- Position................................................................................

- Prominent achievements...........................................

From.........(month, year) to............(month, year)

10. Appointment decision No:.......... dated......................

issued by.........................

11. Present health condition:................................................................

12. Rewards, disciplinary sanctions.......................................................

.................................................................

.........., date..................

Certified by Head of the organisation or the individual having mining licence

(Sign and affix seal)

....., date................

Candidate to Mine Manager

(Warrant and sign)