Timely remove obstacles in implementing the Law on Geology and Minerals

This morning, November 4, the National Assembly listened to the Presentation and report on the review of the draft Law amending and supplementing a number of articles of the Law on Geology and Minerals.

"Removing" the licensing mechanism for mineral exploitation and use to serve important projects and works

The draft Law submitted by Minister of Agriculture and Environment Tran Duc Thang clearly stated that the draft Law aims to remove bottlenecks in mineral exploitation activities, contributing to speeding up procedures for implementing infrastructure development projects and key national projects.

Minister of Agriculture and Environment Tran Duc Thang presents the Draft Law on amending and supplementing a number of articles of the Law on Geology and Minerals. Photo: Ho Long

The Minister of Agriculture and Environment said that the amendment and supplementation of a number of articles of the Law on Geology and Minerals aims to promptly resolve difficulties arising in the practical implementation of the Law, especially issues related to the licensing mechanism, exploitation and use of minerals for the construction of important national works and projects; urgent and urgent investment projects decided by competent authorities; public investment projects, investment projects under the public-private partnership method; socio- economic development works and projects under the approval and investment policy decision authority of local authorities according to the provisions of the law on investment; regulations on criteria for delimiting areas where mineral exploitation rights are not auctioned have not met the requirements of releasing all resources, including mineral resources, for socio-economic development in the new situation; the legalization of regulations on decentralization, decentralization and especially separate regulations on rare earth management in the new situation.

Minister of Agriculture and Environment Tran Duc Thang presents the draft Law. Photo: Quang Khanh

The Law amending and supplementing a number of articles of the Law on Geology and Minerals contributes to speeding up procedures for implementing infrastructure development projects and key national projects that need to be started to welcome the 14th National Party Congress and the next phase; at the same time, it is a practical solution to promote socio-economic development, contributing to completing the GDP growth target of 8% in 2025 and creating a solid foundation towards double-digit growth in the following years.

View of the meeting. Photo: Quang Khanh

The Draft Law consists of 3 articles, specifically: Article 1 includes 30 clauses amending and supplementing a number of articles of the Law on Geology and Minerals No. 54/2024/QH15. Article 2 stipulates the provisions for the implementation of the Law. Article 3 stipulates transitional provisions.

Research and design a separate chapter on management principles of important strategic minerals

Presenting the Report on the review of the Law project, Chairman of the Committee for Science, Technology and Environment Nguyen Thanh Hai said that regarding the mechanisms to thoroughly resolve the difficulty and scarcity of minerals for common construction materials and filling materials for construction of important projects and works (clauses 2, 14, 15, 18 and 19, Article 1 of the draft Law), the Committee for Science, Technology and Environment proposed to consider regulations on cases of extension, re-issuance, and adjustment of mineral exploration licenses and mineral exploitation licenses, in which the term of the license does not depend on the period of the approved mineral planning and provincial planning (point b, clause 2, Article 1), because this content is likely to impact the approved provincial planning and national master planning. At the same time, strict regulations are needed to avoid exploitation without auction, against the planning, causing loss of resources and environmental pollution.

Chairman of the Committee on Science, Technology and Environment Nguyen Thanh Hai presents the Report on the review of the draft Law. Photo: Quang Khanh

The Committee for Science, Technology and Environment believes that the expansion of the subjects licensed to exploit Group III minerals as construction materials for works, projects and tasks in Clause 15, Article 1 of the draft Law may lead to loopholes in management and wasteful exploitation of mineral resources because there has not been a full assessment of the impact of the expansion of this subject. It is recommended to supplement regulations on control as well as post-inspection mechanisms when cutting administrative procedures in the exploration and exploitation of Group III and Group IV minerals, absolutely avoiding the abuse of open policies for profiteering, causing loss and waste of mineral resources, which is difficult to overcome.

View of the meeting. Photo: Ho Long

Regarding the regulations on rare earth management (Clause 21, Article 1), the Chairman of the Committee on Science, Technology and Environment stated that the Committee basically agrees with the addition of Chapter VIIa after Chapter VII of the Law on Geology and Minerals to stipulate a strict management mechanism for activities related to rare earth. However, to be more comprehensive, the Committee on Science, Technology and Environment requests the drafting agency to study and design a separate Chapter regulating the principles of management of important strategic minerals in general and some regulations on rare earth management in particular; study, absorb, explain and clarify the different regulations between rare earth and group I minerals; consider adding a regulation: need to have written opinions from the Ministry of National Defense and the Ministry of Public Security before granting licenses for exploration and exploitation of rare earth in sensitive areas related to national defense and security.

Delegates attending the meeting. Photo: Ho Long

Regarding the criteria for delimiting areas where mineral exploitation rights are not auctioned, the Committee basically agrees with the amendment and supplementation of the criteria for delimiting areas where mineral exploitation rights are not auctioned; however, it is recommended that the drafting agency continue to perfect the regulations, so that there is no exploitation of policies for speculation and profiteering; for example, the draft Law stipulates: areas where mining rights are not auctioned if they have been planned as a source of raw materials for mineral processing plants operating in accordance with the law, this provision is too broad, covering many important minerals with high commercial value such as bauxite, titanium, iron, etc., negatively affecting the development of new mineral exploration and exploitation projects according to the plan; not ensuring competitiveness between enterprises and limiting the participation of new investors who possess more advanced and efficient mineral exploitation technology.

Source: https://daibieunhandan.vn/kip-thoi-thao-go-cac-vuong-mac-trong-thi-hanh-luat-dia-chat-va-khoang-san-10394270.html