Circular No. 17/2012/TT-BTNMT providing 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 THE MINISTRY OF NATURAL state management agencies in charge of RESOURCES AND ENVIRONMENT minerals.

Article 2. Mineral exploration practice Circular No. 17/2012/TT-BTNMT of organizations November 29, 2012, providing Organizations satisfying conditions specified conditions on mineral exploration in Article 35 of the Mineral Law and this Circular practice organizations may conduct mineral exploration, including: Pursuant to November 17, 2010 Mineral 1. Enterprises established under the Law No. 60/2010/QH12; Enterprise Law; Pursuant to the Government's Decree No. 2. Science and technology organizations 25/2008/ND-CP of March 4, 2008, defining established under the Science and Technology the functions, tasks, powers and organiza- Law; tional structure of the Ministry of Natural Resources and Environment, and Decree No. 3. Cooperatives and cooperative unions 89/2010/ND-CF of August 16, 2010, amending established under the Cooperatives Law; asolOgoopSole swift ql 80 : Issue nos 11-12/December 2012 (Congaionos781-782/Decentin30 2012) 4. Non-business geological organizations 2. The dossiers for mineral exploration established by competent state agencies and practice specified in Clause 1 of this Article must performing the function or task of mineral. be managed and preserved in agencies, exploration. organizations and individuals with mineral exploration licenses and mineral exploration

Article 3. Dossiers for mineral exploration practice organizations. practice

Article 4. Technical managers of mineral 1. Upon conducting mineral exploration, a exploration projects mineral exploration practice organization must have a dossier for mineral exploration practice, 1. The technical manager of a mineral comprising: exploration project (below referred to as manager a/Documents of the organization:A certified of a mineral exploration project) must satisfy the criteria prescribed at Point b. Clause I, Article 35 true copy of the establishment decision or science and technology activity certificate or of the Mineral Law and the following provisions: business registration certificate granted by a a/ Being a Vietnamese citizen or a foreigner competent state agency; the contract on mineral having a permit to work in Vietnam under the exploration or a competent agency's decision on labor law; the assignment of mineral exploration tasks b/ Possessing a university or hi gher degree (original); and list of staffs and workers in geological mineral exploration (or in participating in the implementation of the mineral hydrogeology, engineering geology, for mineral exploration project; water or natural thermal water exploration b/ Documents of persons participating in the projects). These degrees may be granted by mineral exploration project (certified true copies Vietnamese or foreign training institutions: or originals): The decision assigning the technical c/ Being knowledgeable about mineral law manager as manager of the mineral exploration and standards and technical regulations on project and his/her professional diplomas and mineral exploration; having capacity for curriculum vitae; labor contracts or recruitment organizing the implementation of the items of the decisions; decisions on appointment or task mineral exploration project in succession; assignment; professional diplomas and d/ The manager of a mineral exploration certificates relevant to assigned tasks; copies of project in charge of constructing exploration identity cards or passports; works must satisfy the conditions on working c/ A list of special-use equipment and tools seniority as specified at Point b, Clause 1. Article for the construction of mineral exploration works 35 of the Mineral Law. For a toxic mineral in accordance with the mineral exploration exploration project, he/she must have worked project. as a geological technician for at least 1 toxic MINGISSONOMElar.,:l:S Issue nos 11-12/December 2012 81 (C,ongaionos781-782/December30,2012) mineral exploration project. For other mineral survey or exploration of toxic minerals; exploration projects, he/she must have worked b/ For other mineral exploration projects, he/ as a geological technician for at least 1 project she must have a working seniority of at least 3 on exploration of the same mineral. years for those who have a secondary 2. The manager of a project may perform professional degree or 2 years for those who his/her duties only after obtaining the assignment have a university degree. decision of the mineral exploration practice

Article 6. Special-use equipment and tools organization. for the construction of mineral exploration works 3. The manager of a project may 1.The quantity, quality and technical features concurrently manage no more than 2 mineral of special-use equipment and tools for the exploration projects. Upon making a report on construction of mineral exploration works must mineral exploration results, the manager must be suitable to the items of the mineral exploration have directed the implementation of the project project appraised when granting a mineral for at least 25% of the period specified in the exploration license. Equipment and tools for the exploration license. construction of the items of mineral exploration

Article 5. Technical workers participating works must satisfy technical requirements and in mineral exploration projects ensure safe operation. 1. The number of technical workers 2. For exploration of radioactive minerals and specialized in geodegy, geology, hydrogeology, rare earths, special-use equipment and tools and engineering geology, geophysics, construction of technical staff must satisfy radiation safety works (excavation and drilling) and other requirements under the radiation and nuclear relevant disciplines must satisfy the requirement safety law. of the mineral exploration project appraised when

Article 7. Responsibilities of mineral- granting the exploration license. exploring organizations and individuals and 2. Upon participating in the project, each group mineral exploration practice organizations of specialized technical workers shall appoint a 1. Mineral-exploring organizations and leader who satisfies professional requirements and individuals shall: has working seniority as follows: a/ For toxic mineral exploration projects, he/ a/ Select mineral exploration practice she must have a working seniority of at least 5 organizations that are qualified under regulations; years for those who possess a secondary b/ Manage and preserve the dossiers of professional degree or 3 years for those who mineral exploration practice organizations; and possess a university degree, of which at least! provide sufficient documents at the request of year of participation in a project on geological competent state management agencies. •tc:ipus 82 Issue nos 11-12/December 2012 (CongEllonos781-782/December30, 2) 12) 2. Mineral exploration practice organizations exploration practice organizations with mineral shall: 'exploration licenses granted by the provincial- a/ Comply with standards, technical level People's Committees; regulations and designs of appraised projects; b/ Handle according to their competence or and ensure the quality of work; propose competent authorities to handle mineral b/ Take responsibility before law and exploration practice organizations that violate the investors for the truthfulness of documents, the mineral law and relevant laws. quality and the results of mineral exploration

Article 9. Effect projects under regulations; This Circular takes effect on January 15. 2013. c/ Compile mineral exploration practice dossiers; and provide information on exploration Article 10. Implementation provisions activities to investors and competent state Any difficulties or problems arising in the management agencies. course of implementation should be promptly

Article 8. Responsibilities of related reported to the Ministry of Natural Resources agencies and Environment for consideration, revision and supplementation.- I. The General Department of Geology and Minerals shall: For the Minister of a/ Guide and examine the implementation of Natural Resources and Environment this Circular; Deputy Minister b/ Inspect and examine conditions of mineral NGUYEN L1NH NGOC exploration practice organizations with mineral exploration licenses granted by the Ministry of Natural Resources and Environment; c/ Handle according to its competence or propose competent authorities to handle mineral exploration practice organizations that violate the mineral law and relevant laws; 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: at Inspect and examine conditions of mineral fl salltaliSISIIIMICE— 1. auttwaTi-„Fea `