Reporting at the meeting, Mr. Mai The Toan, Deputy Director of the Vietnam Mineral Resources Department, stated: Based on the draft Law on Geology and Minerals (136 articles), and the results of reviewing the shortcomings and deficiencies of the 2010 Mineral Resources Law, the Vietnam Mineral Resources Department has collaborated with the Vietnam Geological Survey to develop the articles and clauses of the draft Law on Geology and Minerals. Currently, the draft comprises 141 articles, with some new points such as renaming and adding some chapters, changing the names, adding, removing, and shifting the order of some articles.
On May 11th, the Vietnam Mineral Resources Department and the Vietnam Geological Survey Department jointly organized a meeting of the Drafting Team for the Law on Geology and Mineral Resources.
The lead agency has sought opinions from the Editorial Board on 18 groups of issues regarding the amendment and supplementation of the Geological Survey Plan and Basic Geological Survey Plan for Minerals, replacing the current Basic Geological Survey Plan for Minerals; the plan for exploration, exploitation, and use of sea sand within and outside the 6 nautical mile zone; the addition of a new Chapter on the Responsibilities of the Fatherland Front, political and social organizations, political and social-professional organizations, social-professional organizations, and the local community where geological and mineral resources are located; and the Chapter on Inspection, Examination, and Control of Geological and Mineral Activities.
The lead agency also sought the Editorial Board's opinion on determining mineral reserves; regulations and clarifications in the accompanying Law on mineral exploitation; the authority to grant mineral licenses in the border area between two provinces; small-scale exploitation (criteria needed) and decentralization of small-scale licensing to districts; exploitation exceeding capacity, Article 227 of the Criminal Code and administrative law; mining area: 2D or 3D?; decentralization of approval of prohibited areas to provincial People's Committees; and mortgaging of mineral exploitation licenses.
In addition, the lead agency is seeking opinions on administrative procedures: exploration permits, mining permits; mineral processing; information disclosure; use of surplus (excess) rock and soil after use for environmental remediation and restoration; consulting and supervision of mineral exploration and exploitation activities (conditional business activities); and the socialization of some state management activities.
Following feedback from the Editorial Board meeting, the Vietnam Mineral Resources Department and the Vietnam Geological Survey Department have been incorporating and refining the following contents: Agreeing on a mineral classification scheme for the Article on Minerals Used as Common Construction Materials; refining several articles related to riverbed sand and gravel to align with the Draft Law on Water Resources currently being submitted to the National Assembly ; and refining issues related to mineral exploitation licensing 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 hazards; and simultaneously refined issues related to geological, mineral and mining industry strategies; mineral planning; planning for basic geological and mineral surveys; planning for exploration, exploitation, processing and utilization of various minerals; and planning for exploration, exploitation, processing and utilization 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 stressed the need for thorough explanation, including content on supervision by the Fatherland Front and socio-political organizations.
Regarding geological matters, the Deputy Minister instructed the Vietnam Geological Survey to adhere closely to the detailed outline already agreed upon by the Government. As for detailed and technical aspects of geology, the National Assembly will entrust the Government with the task of regulating them in the accompanying draft guiding decree.
The Deputy Minister also directed the two units to add provisions or contents related to land use, especially the improvement of agricultural land to lower the ground level or create sedimentation ponds without changing the land use purpose and in accordance with the provisions of the Land Law.
According to Deputy Minister Tran Quy Kien, due to the difficult conditions for exploiting sea sand and the lack of capacity, equipment, and technology at the local level, the two Departments need to consider adding central authority to grant licenses in the Law on Geology and Minerals.
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