According to Mr. Truong, some localities are currently requiring construction investment projects to obtain permits for mineral exploitation for construction activities that generate excavated soil and mud, such as: excavated soil from tunnel construction projects; excavated soil from pile drilling and retaining walls of construction projects; and excavated soil from other activities of construction projects.
Mr. Truong understood that the management of waste land from the aforementioned activities is regulated by points d and e, Clause 5, Article 64 of the Law on Environmental Protection. Furthermore, based on the Law on Geology and Minerals, Clause 23, Article 2, which defines "mineral exploitation," he understood that mineral exploitation refers to activities related to mineral exploitation investment projects or mineral exploitation plans.
He asked, "So, is it in accordance with current legal regulations for some localities to consider excavation activities that generate waste soil in construction projects and investment projects as mineral exploitation activities, requiring a mineral exploitation permit?"
The Ministry of Agriculture and Environment responded to this issue as follows:
In this case, it is suggested that you study the regulations in Article 75 (General regulations on mineral recovery), Article 76 (Rights and obligations of organizations and individuals recovering minerals) of the Law on Geology and Minerals; Article 96 (Mineral recovery), Article 98 (Documents, procedures and process for confirming registration of mineral recovery) of Government Decree No. 193/2025/ND-CP dated July 2, 2025, detailing some articles and measures for implementing the Law on Geology and Minerals, and report to the Provincial People's Committee for guidance within the assigned authority.
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Source: https://baochinhphu.vn/dao-dat-thi-cong-du-an-co-phai-xin-cap-phep-khai-thac-khoang-san-102260113155504988.htm
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