How many mining licenses may a mine manager manage mining activities in Vietnam?
How many mining licenses may a mine manager manage mining activities in Vietnam?
According to Clause 1, Article 62 of the Law on Mineral 2010, regulations on mine managers:
Mine managers
1. Mine managers are required for mining activities, except extraction of mineral water and natural thermal water and salvage mining. A mine manager may only manage mining activities under a single mining license.
2. A mine manager must satisfy the following criteria:
a/ Being knowledgeable about the mineral law and other relevant regulations;
b/ Being knowledgeable about specialized technical regulations, labor safety and sanitation rules and environmental protection regulations in mining activities;
c/ Having organizational and managerial qualifications, practical experience, and mining, labor safety and environmental protection techniques;
d/ A manager of a pit mine must be a mining engineer or mine building engineer who has personally worked in pit mines for at least 5 years;
e/ A manager of an open-cast mine must be a mining engineer who has personally worked in open-cast mines for at least 3 years; or a geological exploration engineer who has been trained in mining techniques and have personally worked for at least 5 years in open-cast mines.
A manager of a non-metallic open-cast mine in which industrial explosives are not used and minerals are manually exploited for use as common construction materials must possess a secondary degree in mining and have personally worked in open-cast mines for at least 2 years; those who have a secondary degree in geological exploration must have been trained in mining techniques and have personally worked in open-cast mines for at least 3 years.
3. Licensed mining organizations shall notify in writing professional qualifications and managerial capacity of mine managers to state management agencies competent to grant mining licenses.
Thus, according to the above regulations, a mine manager may only manage mining activities under a single mining license.
How many mining licenses may a mine manager manage mining activities in Vietnam? (Image from the Internet)
How much are the fines imposed for mining minerals without a mine manager in Vietnam?
Penalties for violations for the mine director not being present at the construction site are specified in Clause 3, Article 39 of Decree 36/2020/ND-CP as follows:
Violations against regulations on mine executive director
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3. Fines shall be imposed for mining minerals without a mine executive director. To be specific:
a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on a household business for mining minerals used as common building materials;
b) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for mining peat or minerals which are used as common building materials without using industrial explosives, except for the case specified in Point a of this Clause;
c) A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for mining peat or minerals which are used as common building materials by using industrial explosives, except for the case specified in Point a of this Clause;
d) A fine ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for mining minerals by employing open-pit mining methods, except for the cases prescribed in Points a, b, c and e of this Clause;
dd) A fine ranging from VND 120,000,000 to VND 150,000,000 shall be imposed for mining minerals by employing underground mining methods, except for the cases prescribed in Points a, b, c and e of this Clause;
e) A fine ranging from VND 160,000,000 to VND 200,000,000 shall be imposed for mining gold, silver, precious stones, platinum or toxic minerals.
Thus, for each case of mineral exploitation, there will be a separate penalty for the mine CEO not being present at the construction site. Based on the case of violation, determine the appropriate penalty level according to the above regulations.
In addition, Clause 4, Article 39 of Decree 36/2020/ND-CP stipulates additional penalties in the following cases:
- Suspend the mining for 01 - 03 months if any of the violations prescribed in Points a and b Clause 3 of Article 39 of Decree 36/2020/ND-CP is re-committed.
- Suspend the mining for 03 - 06 months if any of the violations prescribed in Points c, d and dd and Point e Clause 3 of Article 39 of Decree 36/2020/ND-CP is re-committed.
In addition, according to the provisions of Clause 1, Article 5 of Decree 36/2020/ND-CP amended and supplemented by Clause 3, Article 2 of Decree 04/2022/ND-CP regulating fines in sanctioning of administrative violations:
The fine incurred by an organization is twice as much as the fine incurred by an individual for the same violation
What are the responsibilities of a mine manager who manages mining activities in Vietnam?
The responsibilities of the mine manager who manages mining activities are specified in Article 8 of Decree 158/2016/ND-CP as follows:
- A mine manager shall take responsibility for the administration of extraction in accordance with the mining license;
- Initiate projects for investment and mine design approved in accordance with law on minerals.
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