Proposal to amend some contents on implementation of investment projects and works in national mineral reserve areas

BTO- Continuing the 8th Session of the 15th National Assembly, this afternoon, November 5, Member of the National Assembly Standing Committee (NASC), Chairman of the National Assembly's Committee for Science, Technology and Environment Le Quang Huy - NA Delegate of Binh Thuan province presented a Report on explanation, acceptance and revision of the draft Law on Geology and Minerals. Next, the National Assembly discussed in the hall a number of contents with different opinions of this draft Law.

The Draft Law has 12 Chapters and 116 Articles.

According to the explanatory report of the Chairman of the National Assembly's Committee on Science , Technology and Environment, Le Quang Huy - National Assembly Delegate of Binh Thuan province, in Article 3 - On the state's policy on geology and minerals; there is a proposal to remove Clause 4 to be consistent with Clause 1, Article 7 of the State Budget Law; clearly stipulate the percentage to be deducted from the revenue from mineral exploitation, the principle of deducting and paying the revenues.

Chairman of the National Assembly 's Committee on Science, Technology and Environment Le Quang Huy - National Assembly Delegate of Binh Thuan province.

Explaining this opinion, delegate Le Quang Huy said: The regulation of the State policy in Clause 4, Article 3 aims to institutionalize the viewpoint stated in Resolution No. 10 of the Politburo. In response to the opinions of the National Assembly Deputies, the content of Clause 4 has been revised and expressed as in the draft Law. The allocation of funds will be implemented according to the State budget estimate, in accordance with the State Budget Law.

Regarding the responsibility for making mineral planning (Article 14), during the discussion at the 7th Session, the Conference of National Assembly Deputies working full-time and studying, absorbing, and revising, there were many different opinions on the content of assigning responsibilities to the agency in charge of making mineral planning. The Standing Committee of the National Assembly directed the Agency in charge of reviewing and drafting 2 draft options to seek opinions. Based on the synthesis of opinions and analysis of the advantages and disadvantages of each option, the Standing Committee of the National Assembly and the Government agreed to report to the National Assembly on the regulation of 1 option (Option 1 with adjustments) in the direction of: assigning the Government to assign an agency to organize the preparation and submission to the Prime Minister for approval of mineral planning; regulating the preparation of geological and mineral management plans integrated into provincial planning (Article 14 of the draft Law)...

In addition to the above issues, the Standing Committee of the National Assembly has directed the review and improvement of the writing style. The draft Law after being absorbed and revised includes 12 Chapters and 116 Articles.

Consider amending some contents in Article 35

Speaking at the meeting hall, Delegate Nguyen Huu Thong - Deputy Head of the National Assembly Delegation of Binh Thuan province highly appreciated the spirit of openness and receptivity of the drafting agency and the review agency of the draft Law on Geology and Minerals.

Basically agreeing with the report of the National Assembly Standing Committee on the above draft Law, delegate Nguyen Huu Thong contributed some comments to complete the draft Law.

Specifically regarding the implementation of investment projects and works in national mineral reserve areas, it is stipulated (Article 35); at Point b, Clause 1, the provision is understood that all projects to build technical infrastructure works serving national interests according to the provisions of the Land Law with a long-term stable period or an operating period longer than the remaining mineral reserve period must be permitted by the Prime Minister before being implemented.

Delegate Nguyen Huu Thong - Deputy Head of the National Assembly Delegation of Binh Thuan province gave comments on the draft Law on Geology and Minerals.

However, according to the delegate, in reality, there are small projects (electricity, roads, schools, stations, sewers, telecommunications infrastructure...) and urgent projects that must be implemented immediately but must wait for the Prime Minister's opinion before implementation, which will be very difficult and unnecessarily prolonged. Especially in localities with large national mineral reserve planning areas such as Binh Thuan, Lam Dong, Binh Phuoc, Dak Nong... and the regulations as drafted are not really suitable for reality. If the regulations are as above, the Prime Minister's work when this law comes into effect will arise a lot and is also not suitable for the current strong decentralization trend of our Party and State.

In addition, right at the content of point b, clause 1, it is also stipulated: Projects to build technical infrastructure works serving national interests according to the provisions of the law on land and the Land Law also stipulates very strictly the authority and responsibility of relevant agencies. "I think that it is not necessary to stipulate that the Prime Minister must approve before implementation as in the draft. From the above analysis, I propose to amend and supplement point b, clause 1 as follows: "Projects to build technical infrastructure works serving national interests according to the provisions of the law on land with a long-term stable land use period or an operating period longer than the remaining mineral reserve period." is appropriate" - delegate Nguyen Huu Thong suggested.

Regarding Clause 2 of the draft, delegate Nguyen Huu Thong said that if the regulations are as stipulated in Clause 2 of the draft, all projects and works approved for investment in the national mineral reserve area must assess the level of impact on resources, reserves, quality; and solutions to protect minerals in the national mineral reserve area. “In my opinion, the above regulation is not suitable, because in reality, there are projects to build technical infrastructure works serving national interests, small-scale public interest works (as mentioned above), so assessment is not necessary; in my opinion, it should only be regulated that for important national works and projects under the authority to decide or approve investment policies of the National Assembly as in Point a, Clause 1 and mineral exploitation not subject to reserves as stipulated in Point c, Clause 1 of the draft, the level of impact must be assessed, because these works, projects and activities have the potential to greatly impact and influence the national mineral reserve area” - delegate Nguyen Huu Thong analyzed.

In addition, the delegate also said that if assessing the level of impact on resources, reserves and quality as well as solutions to protect minerals, state agencies and enterprises will find it difficult to meet the requirements in terms of resources, equipment, technical means and implementation costs; at the same time, the above projects will increase the total investment very high, while the projects are very small.

“I propose to amend and supplement Clause 2 to: “2. Organizations and individuals implementing investment projects in national mineral reserve areas must assess the level of impact on resources, reserves, quality; solutions to protect minerals in national mineral reserve areas according to regulations in Clause 3 of this Article, except for projects and works specified in Point b, Point d, Clause 1 of this Article…” - the delegate proposed.

Regarding Clause 4 of the draft, all projects that decide or approve investment policies must have written approval from the Ministry of Natural Resources and Environment and the People's Committee of the province where the national mineral reserve area is located. According to delegate Nguyen Huu Thong, this provision will take time to complete procedures, incur costs and may slow down the progress of projects under the authority of the provincial People's Committee to decide or approve investment policies.

Therefore, the delegate suggested that when the Government details Article 35 according to the authority assigned in Clause 10 of the draft, it is necessary to clearly stipulate Clause 4 of the draft in the direction that the Ministry of Natural Resources and Environment gives opinions on projects under the authority to approve investment policies of the National Assembly, the Government, the Prime Minister, heads of ministries and central agencies according to the provisions of the law on investment; the Department of Natural Resources and Environment where the investment project is located gives opinions on projects under the authority to approve investment policies of the province, which will be more suitable to the current practical situation.

"If the drafting agency studies and accepts the above comments, it will certainly be very convenient for the locality to implement project works, promptly serve the needs of the people and community and contribute to promoting the disbursement of public investment capital" - delegate Nguyen Huu Thong added.

Source: https://baobinhthuan.com.vn/de-xuat-sua-doi-mot-so-noi-dung-ve-thuc-hien-du-an-dau-tu-cong-trinh-tai-khu-vuc-du-tru-khoang-san-quoc-gia-125450.html