Reporting at the meeting, Mr. Mai The Toan - Deputy Director of the Vietnam Minerals Department said: Based on the Outline of the Law on Geology and Minerals (136 Articles), the results of reviewing the content of the 2010 Minerals Law, the Vietnam Minerals Department has coordinated with the Vietnam Geological Survey to develop the articles and clauses of the project of the Law on Geology and Minerals. Currently, the draft consists of 141 Articles, with some new points such as renaming, adding some Chapters, changing the name, adding, removing and shifting the order of some Articles.
On May 11, the Vietnam Minerals Department and the Vietnam Geology Department jointly organized a meeting of the Editorial Board of the project Law on Geology and Minerals.
The presiding agency has asked for opinions from the Editorial Team on 18 groups of issues on amending and supplementing the Planning for geological investigation and basic geological investigation of minerals to replace the Planning for basic geological investigation of minerals; planning for exploration, exploitation and use of sea sand within and beyond the 6 nautical mile range; adding a new Chapter on Responsibilities of the Fatherland Front, socio- political organizations, socio-political-professional organizations, socio-professional organizations and communities where there are geological and mineral resources and the Chapter on Inspection, examination and control of geological and mineral activities.
The host unit also asked for the Editorial Team's opinion on determining mineral reserves; regulations and clarifications in the accompanying Law on Mineral Exploitation; authority to grant mineral licenses in the border area between two provinces; small-scale mining (need criteria) and decentralization to districts to grant small-scale licenses; mining beyond capacity, Article 227 of the Penal Code and administrative law; mining area: 2D or 3D?; decentralization of approval of prohibited areas to the Provincial People's Committee; mortgage of Mineral Exploitation License.
In addition, the presiding agency requests opinions on administrative procedures: Exploration licenses, mining licenses; mineral processing; information disclosure; use of surplus (excess) soil and rock after use for environmental improvement and restoration purposes; consulting and supervising mineral exploration and mining activities (conditional business activities); socialization of some state management activities.
In response to comments at the Editorial Board meeting, the Vietnam Minerals Department and the Vietnam Geology Department have been receiving and finalizing the following contents: Agreeing on the mineral classification plan for the Article on Minerals used as common construction materials; finalizing a number of articles related to river sand and gravel to be consistent with the Draft Law on Water Resources being submitted to the National Assembly ; finalizing issues related to licensing mineral exploitation in areas with construction investment projects or national mineral reserve areas.
The two units also revised and supplemented the concepts of geological sites and geological disasters; and completed issues related to geological, mineral and mining industry strategies; mineral planning; planning for basic geological and mineral surveys; planning for exploration, exploitation, processing and use of minerals; planning for exploration, exploitation, processing and use of radioactive ores.
Speaking at the meeting, Deputy Minister Tran Quy Kien agreed with the proposal to add a Chapter on Inspection, examination and control of geological and mineral activities, but it needs to be carefully explained, including the content on supervision by the Fatherland Front and socio-political organizations.
Regarding geological contents, the Deputy Minister directed the Vietnam Geological Survey to closely follow the detailed outline agreed upon by the Government. As for detailed and technical contents on geology, the National Assembly will assign the Government to stipulate in the attached Draft Decree.
The Deputy Minister also directed the two units to supplement articles or contents related to land use, especially agricultural land improvement to lower the ground level or level the ground or create settling ponds without changing the land use purpose and in accordance with the provisions of the Land Law.
According to Deputy Minister Tran Quy Kien, because of the difficult conditions for exploiting sea sand and the lack of capacity, means, and techniques in localities, the two Departments need to consider adding licensing authority at the central level in the Law on Geology and Minerals.
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