Chương III Nghị định 60/2016/NĐ-CP quy định điều kiện đầu tư kinh doanh trong lĩnh vực tài nguyên và môi trường: Điều kiện của tổ chức hành nghề thăm dò khoáng sản

Chapter III

ELIGIBILITY REQUIREMENTS FOR MINERAL EXPLORATION PRACTISING ORGANIZATIONS

Article 12. Mineral exploration practicing organizations

Mineral exploration practicing organizations, when contracting to implement a mineral exploration program with any organization or individual licensed to explore mineral resources, must meet requirements referred to in Article 35 of the Law on Mineral Resources and other regulations set forth herein, including:

1. Enterprises must be established in accordance with the Corporate Law.

2. Science and technology organizations must be established in accordance with the Law on Science and Technology.

3. Cooperatives and cooperative alliances must be established under the provisions of the Law on Cooperatives.

4. Geology public sector organizations having mineral resource exploration functions and duties must be established by competent regulatory authorities.

Article 13. Documentation requirements for mineral exploration practicing

1. Mineral exploration practicing organizations referred to in Article 12 hereof, when implementing mineral exploration programs, must meet documentation requirements for mineral exploration operations, including:

a) The certified copy of establishment decision or the certificate of accreditation of science and technology operations, enterprise registration certificate, issued by competent regulatory authorities;

b) The contract to explore mineral resources with organizations or individuals licensed to explore mineral resources with attachment of mineral exploration permit, issued by competent regulatory authorities;

c) The list of officers or employees involved in implementing mineral exploration programs; employment contracts (or equivalents in writing) of technical responsible persons and technical employees getting directly involved in implementation of programs in accordance with laws and regulations;

d) Materials held by individuals involved in implementing mineral exploration programs (the certified copy or the copy with attachment of the original copy for verification purpose), including the decision on assignment of duties to technical responsible person (hereinafter referred to as the mineral exploration program leader) with attachment of vocational or professional qualifications, scientific biographies or achievements of the program leader; employment contract or recruitment decision; vocational or professional qualifications with relevance to assigned duties; copy of identification card, citizen identification card or passport;

dd) The list of special-purpose equipment or appliances for execution of mineral exploration projects, which is consistent with mineral exploration programs.

2. Where a mineral exploration program is directly implemented by an organization licensed to explore mineral resources, submitted application dossier must be submitted as referred to in Point c, d and dd Clause 1 of this Article.

3. Application dossier for mineral exploration practicing referred to in Clause 1 of this Article must be managed and deposited by organizations or individuals licensed to explore mineral resources, and by mineral exploration practicing organizations.

Article 14. Eligibility requirements for mineral exploration program leader

1. Mineral exploration program leader must meet requirements referred to in Point b Clause 1 Article 35 of the Law on Mineral Resources and the following regulations:

a) Be a Vietnamese citizen or an alien licensed to work within the territory of Vietnam in accordance with the laws on labor;

b) Complete a university or other higher-level degree in the discipline of mineral exploration geology or equivalents; with respect to hot mineral water exploration programs, complete the said degree in the hydrogeology or geoengineering discipline;

c) Acquire a minimum of 5 years’ experience in getting involved in implementation of geological investigation, mineral exploration programs; obtain the certificate of appointment of mineral exploration program leader, issued by the Ministry of Natural Resources and Environment;

d) The mineral exploration program leader, when on duty to perform his/her mineral exploration duties, must meet experience requirements referred to in Point b Clause 1 Article 35 of the Law on Mineral Resources and, with respect to hazardous mineral exploration programs, must acquire experience in at least 1 hazardous mineral exploration program as a geological engineer; with regard to other mineral exploration programs, must acquire experience in at least 1 hazardous mineral exploration program as a geological engineer.

2. Mineral exploration program leader shall take on his/her assigned duties only when a decision on duty assignment is granted by an organization licensed to explore mineral resources or an organization practicing mineral exploration.

3. At the same time, a mineral exploration leader shall only be allowed to take on his/her assigned duties for a maximum of 2 mineral exploration programs. Upon making reports on mineral exploration outcomes, a mineral exploration program leader must have spent a period of time on taking control of relevant activities which equals 25% of program implementation length of time as described in the mineral exploration permit.

Article 15. Eligibility requirements for engineering workers implementing mineral exploration programs

1. Engineering workers grouped by such disciplines as geological survey, geology, hydrogeology, geoengineering, geophysics, project engineering (excavation and drilling) and other relevant ones must meet personnel quantity requirements specified in mineral exploration programs subject to pre-licensing evaluation.

2. Engineering workers grouped by training disciplines, when on duty, must be supervised by designated responsible persons who are required to meet professional and experience requirements as follows:

a) With regard to hazardous mineral exploration programs, acquire a minimum of 5 years’ working experience with respect to those who hold vocational associate degrees, or a minimum of 3 years’ experience with respect to those who hold university degrees; during such period, they must have at least 1 year of participation in implementation of geological investigation or exploration programs with respect to hazardous mineral resources;

b) With regard to other mineral exploration programs, acquire a minimum of 3 years’ working experience with respect to those who hold vocational associate degrees, or a minimum of 2 years’ experience with respect to those who hold university degrees.

Article 16. Conformity requirements for special-purpose equipment or appliances used in mineral exploration projects

1. Special-purpose equipment or appliances used in mineral exploration projects must meet quantity, quality and technical function requirements of work activities of mineral exploration programs which have been verified during the mineral exploration licensing process.

2. Exploring radioactive minerals and rare earth elements requires special-purpose equipment and appliances, and technical staff that conform to radiation safety standards as prescribed by the laws on radiation and nuclear safety.