Circular 38/2014/tt-Btnmt: Issued Regulation Implementation Monitoring Project Of Investigation Basics Geology Of The Mineral By Organizations, Individuals Involved In Investment

Original Language Title: Thông tư 38/2014/TT-BTNMT: Ban hành Quy chế giám sát quá trình thực hiện Đề án điều tra cơ bản địa chất về khoáng sản do tổ chức, cá nhân tham gia đầu tư

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The CIRCULAR issued regulation implementation monitoring project of basic geological investigation of minerals due to the Organization, individuals involved in investment _ _ _ _ _ _ _ _ _ _ _ _ _ a base mineral Law No. 60/2010/QH12 on November 17th, 2010;
Pursuant to Decree No. 15/2012/ND-CP dated 9 March 2012 the Government detailing the implementation of a number of articles of the law on mineral resources;
Pursuant to Decree No. 21/2013/ND-CP of March 2013 of government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment.
At the suggestion of the General Director of the Bureau of geology and mineral resources and the Vietnam Director of the legislation;
The Minister of natural resources and the environment issued the circular on supervision regulation project implementation basic geological investigation of minerals due to the Organization, individuals involved in the investment.
Article 1. Attached to this circular process monitoring regulation project investigating geological base of minerals due to the Organization, individuals involved in the investment.
Article 2. This circular is effective from August 2014.
Article 3. General Director of the Bureau of geology and minerals Vietnam, heads of subdivisions, institutions, individual participants, the geological units of construction project of basic geological investigation of minerals and the Organization, the individual concerned is responsible for implementation of this circular.
 


DEPUTY MINISTER signature (signed) Tran Hong Ha REGULATION implementation monitoring project of basic geological investigation of minerals due to the Organization, individuals involved in investment (attached to circular No. 38 on/2014/TT-BTNMT 3/7/2014 of the Minister of natural resources and the environment) _ _ _ _ _ _ _ _ _ _ _ _ _ chapter I GENERAL PROVISIONS article 1. Scope, application object 1. This regulation regulates the monitoring project implementation basic geological investigation of minerals due to the Organization, individuals involved in investment (hereinafter referred to as the scheme).
2. These rules are applicable to the State agency about minerals, geologic units constructed, organizational, individual investment scheme involved basic geological investigation of minerals.
Article 2. Monitoring object 1. The geological unit construction work of the project was the State Agency has the authority to approve.
2. organizations and individuals involved in investment in basic geological investigation of minerals.
Article 3. Monitoring guidelines 1. Supervision of the work of the scheme be conducted regularly, independently and simultaneously with the process of construction of the project.
2. Activity Monitoring to ensure accurate, impartial, honest, fully reflects the happenings in construction process of the project; do not obstruct the execution of the project.
3. timely recommendations authority when discovering the violations during the period of supervision of the project.
Article 4. Monitoring base 1. The project has been approved by the competent authority.
2. The regulations, rules, procedures, standards, technical standards, technical-economic norms prevailing in basic geological investigation of minerals.
3. The legal provisions concerning occupational safety, the use of explosives, fire prevention, environmental protection, protection of mineral resources.
Article 5. 1. monitoring content Sequence, the work progress of work under the project has been approved by the authority.
2. quality, mass construction work on the basis of the technical regulation, standards and norms.
3. The observance of the regulations on occupational safety, fire prevention and environmental protection.
Article 6. Form of supervision 1. Form of direct monitoring activities include: observation, description, photograph the scene of the execution of the work is done.
2. The form of the following monitoring activities include: recording, recorded through exchange with those who are responsible for managing the execution of the project; collect information through reports, reflections of the organisation or individual concerned; check the Save traces at the scene, consider the reasonableness, the logic of the data collected in the field for items without direct supervision.
Article 7. The category of direct monitoring work, the following monitoring 1. The category of direct monitoring work include: a) digging pits, trenches, construction, drilling, wells, moong exploit testing;
b) sampling technology or retrieved, the sample machining in the works and geophysical work.
2. the following monitoring work items include: a) surveyor, mapped the terrain, geology-geological works;
b) geological drawing roadmap; the critical work, geochemistry; retrieved and analyzed the other form types;
c) reported construction results and accompanying documents report.
3. Supervision the work must ensure the monitoring content according to the provisions of article 5 of this regulation.
Article 8. The monitoring group held 1. General Director of the Bureau of geology and minerals Vietnam established the monitoring group.
2. the monitoring group composition not more than 9 members are: a (01), a crew Chief (01) Deputy Head of the delegation and the members of the technical expertise consistent with the assigned project monitor.
3. the monitoring group members must ensure the following: a standard) qualified technical expertise consistent with the monitoring work;
b) have time directly involved in the work of the basic geological investigation of minerals or mineral exploration of a minimum of 3 years;
c) is not a professional officer of the geological units of construction projects to be delivered.
The case of members of the monitoring group is representative of the Organization, the individual investor participation is not required to ensure the standards prescribed in point a, point b, point c of this paragraph.
4. In addition to the provisions in point a, point c, paragraph 3 of this article, the head of the monitoring group are university graduates majoring in geology minerals; There is understanding, mastering the provisions, processes, standards, technical standards of basic geological investigation of minerals; did the owner at least one (1) fundamental investigation projects on geological minerals.
5. In addition to the provisions in point a, point c, paragraph 3 of this article, the Deputy Head of the monitoring group to have time directly involved in the work of the basic geological investigation of minerals for at least 5 years.
Article 9. The responsibilities and powers of the monitoring group 1. The responsibilities and powers of the monitoring group: a), the General Director of the Bureau of geology and minerals Vietnam approved the plan scheme monitoring;
b) implementation monitoring according to the content of the provisions of article 5 of this regulation and according to the approved plan;
c) responsible to the geological and mineral Bureau Of Vietnam and before the law on monitoring results;
d) monitoring group members enjoy the mode according to the provisions of the law.
2. The responsibilities and powers of the head of the monitoring group: a) the assigned tasks for the members of the monitoring group and implementation monitoring;
b) suspend construction projects have the wrong date, require pause unit construction, repair, fix;
c) suggest not testing, payment items, the volume of construction does not meet the requirements;
d) in cooperation with the Organization, individuals involved in implementing investment project supervision;
DD) responsible to the General Director of the Bureau of geology and mineral resources and Vietnam before the law on the supervision results of the project.
3. responsibility and authority of the Deputy Head of the monitoring group: responsibilities and powers of the head of the monitoring group in the case are authorized in writing.
4. The responsibilities and powers of the monitoring group members: a) perform construction supervision the work as assigned by the head of the monitoring group;
b) reflects the true happenings of construction work items are assigned to monitor;
c) timely monitoring group Chief report and notify the contractor when found to have errors, infringement, loss of safety in the construction process;
d) responsible to the head of the monitoring group and the law on the quality monitoring of the work has been assigned.
Chapter II Monitoring PROCESS 10. Surveillance planning 1. The monitoring plan is established for each specific project.
2. the Monitoring Group monitoring planning, the General Director of the Bureau of geology and mineral resources approved by Vietnam. Content monitoring plan are outlined in full the supervision, monitoring personnel, time monitoring, monitoring costs according to the form prescribed in annex 1 attached to this regulation.
Article 11. Launch activity monitor 1. Before deploying monitoring activities, the Monitoring Group report Of the geological and mineral Bureau Vietnam and inform organizations and individuals concerned about the deployment of the monitoring plan; organize the monitoring plan has been approved.
2. In the course of scrutiny, members must monitoring monitor logging can complete the monitoring work. The log specified in the form prescribed in Appendix 2 attached to this regulation.
3. Finish the construction of each item of work, members must set up monitoring the minutes for each category of assigned surveillance. Monitoring established thereon according to the form prescribed in Appendix 3 attached to this regulation.
4. in case of detected errors, infringement, loss of safety in the construction process, the monitoring group members to set the minutes and timely reporting to the head of the monitoring group to handle.
5. Upon receiving the report, the head of the monitoring group reported promptly to the organizations and individuals involved, check out the scene and request the contractor to repair, remedy the breach; suspension of execution in case of serious breach detection or contractor does not fix and report Of geological and mineral Bureau Vietnam to handle according to the authority.
Article 12. The monitoring results reporting 1. Head of the monitoring group to submit reports Of the geological and mineral Bureau Vietnam and inform organizations and individuals concerned about the monitoring results immediately after the end of each stage of construction of the project. The monitoring report is established according to the form prescribed in annex 4 to this regulation attached.
2. Records, minutes, reports the results of monitoring are the basis to consider testing volume, the quality of construction projects.
Chapter III IMPLEMENTATION article 13. Responsibility 1. Geological and mineral Bureau of Vietnam

a) is responsible for helping the Minister of natural resources and the environment in the management of the Organization, for the monitoring of the project;
b) inspection, guidance units, organizations and individuals relating implement this regulation.
2. organizations and individuals participated in the investment project implementation a) send representatives to join the monitoring group of the geological and mineral Bureau Of Vietnam.
b) made the commitment, the full contribution, track financial obligations to ensure the construction of the project plan was approved.
3. Geological unit construction scheme a) provides for the monitoring group full of information about the plan, time, category of construction work;
b) Create favorable conditions for the work of monitoring;
c) fix, repair errors according to the recommendations of the monitoring group and the authority to ensure the construction quality, progress.
Article 14. Reward, treat infringement 1. Individuals with outstanding achievements in supervising the project was rewarded in accordance with the law.
2. Individual violations of this regulation depending on the nature and extent of the violation being disciplined or prejudice criminal liability under the law.