Exemption from mineral exploitation licensing procedures in emergency situations

The draft decree has simplified procedures for exploration and exploitation of Group III and Group IV minerals for priority projects. Illustrative photo

The draft Resolution of the Government on promulgating specific mechanisms and policies to remove difficulties in implementing the Law on Geology and Minerals in 2024 has just been sent by the Ministry of Agriculture and Environment to the Ministry of Justice for appraisal, and is expected to contribute to solving the shortage of construction materials for important national projects.

An important new point in the draft is to simplify procedures for exploration and exploitation of Group III and Group IV minerals for priority projects; specifically: not having to carry out procedures for deciding or approving investment policies according to the provisions of the law on investment; not having to base on annual land use plans, not having to carry out procedures for converting land use purposes; not having to carry out procedures for appraisal and approval of appraisal results of environmental impact assessment reports, granting environmental licenses, environmental registration; not having to base on geological and mineral management plans.

The Government also allows Group III mineral mines ( common construction materials ) and Group IV minerals (minerals used as common construction materials only suitable for the purpose of filling, building foundations, building irrigation works, and preventing and combating natural disasters ) with valid licenses to increase their mining capacity to serve important national projects, key projects, urgent construction works, urgent tasks, public investment projects and PPP. The capacity increase shall not exceed 50% for sand and gravel in river beds and estuaries and is not limited to the remaining Group III and Group IV minerals.

This capacity increase does not require the procedures of submitting to the competent state agency for decision or approval of investment policy adjustment, approval of adjusted investment project, appraisal and approval of environmental impact assessment report appraisal results, issuance of environmental license, and environmental registration.

In emergency situations of natural disasters, epidemics, security, and national defense, investors do not have to carry out procedures for mineral exploration licenses. State management agencies recognize mineral exploration results, mineral exploitation licenses for group III and group IV minerals, and issue certificates of registration for mineral recovery when responding to emergency situations.

In addition, the draft decree adds cases that are delimited into areas where mineral exploitation rights are not auctioned, including areas of group III minerals used as construction materials, and group IV minerals provided for important works, projects, and tasks (as mentioned above).

In order to avoid supply disruptions due to the revocation of old licenses, licenses for exploration and exploitation of minerals for common construction materials issued before July 1, 2025 (under the licensing authority of the Provincial People's Committee) but not in compliance with legal regulations, are allowed to continue exploration and exploitation, but only to supply important works, projects and tasks as prescribed.

MR. PHUONG

Source: https://www.sggp.org.vn/mien-thu-tuc-cap-phep-khai-thac-khoang-san-trong-tinh-huong-khan-cap-post806057.html