
Removing bottlenecks in the licensing process
From the local reality, Head of the National Assembly Delegation of Can Tho City Nguyen Tuan Anh said that recently, the Government and the Prime Minister have also made great efforts to resolve the shortage of materials for key projects (i.e., minerals of group III and group IV). Therefore, the amendment and supplementation of a number of articles of the Law on Geology and Minerals this time is necessary to thoroughly resolve the shortage of materials for key national projects.
Currently, the Draft Law has proposed specific mechanisms for minerals of group III and group IV; however, it is recommended to analyze more clearly how the application of these specific mechanisms nationwide will affect the planning of provinces and cities in the long term. Environmental protection issues need to be studied to have additional mechanisms to control if this application affects the environment in the area.
According to the draft Law, for Group III minerals (common construction materials), the licensing of exploitation to supply important projects (public investment, PPP, national key projects...) is not based on the management plan on geology and minerals (this plan is currently in the provincial planning). It is necessary to clarify how these changes will be updated in the provincial planning after the minerals have been licensed for exploitation. Has the law on planning been supplemented with regulations on this content? It is necessary to review the Law on Planning (also considered by the National Assembly at this Session) to ensure consistency.
Delegate Nguyen Tuan Anh also proposed to consider further reducing the administrative procedure for Group III minerals, which are common construction materials. Consider removing the scope of the process of licensing exploration and recognizing reserves of Group III minerals, which are scarce materials that need to be supplied for important national projects. The Law amending a number of articles of the Mineral Law in 2005 (ie 20 years ago) when promulgated had regulations on the exploitation of minerals for common construction materials, except for river sand and gravel, with an exploitation capacity of no more than 5,000 cubic meters/year and an exploitation period including extension of no more than 5 years, it is not required to conduct exploration. But after 20 years, we are still using this regulation. Only by removing this bottleneck in the licensing procedure can we solve the current shortage of construction materials.
Strong decentralization goes hand in hand with management
The highlight of the Draft Law amending and supplementing a number of articles of the Law on Geology and Minerals is the strong decentralization of power to localities. Specifically, the authority is assigned to the Chairman of the Provincial People's Committee to grant licenses for exploration and exploitation of Group I minerals in scattered and small areas and to grant licenses for exploration and exploitation of Group II, III, IV minerals (instead of the previous Minister of Agriculture and Environment ).
However, Delegate Nguyen Tuan Anh suggested that, especially for Group I minerals, it is necessary to report more clearly on the necessary conditions (records, databases, information, etc.) to ensure that the Chairman of the Provincial People's Committee fully exercises this decentralized authority because many contents and information were previously managed by the Ministry. In addition, it is necessary to clarify, in the case of licensing previously managed by the Ministry and now transferred to local management, if any problems arise, how will they be handled, and whether there are transitional regulations or not? It is recommended that the drafting agency clarify these contents and supplement appropriate regulations.
Delegate Dao Chi Nghia, from the National Assembly Delegation of Can Tho City, expressed concern that Group II minerals are still valuable minerals and the exploration and exploitation process is very complicated. Thorough decentralization could lead to risks in the management process at the local level.
Therefore, Delegate Dao Chi Nghia suggested that it is necessary to adjust and have the supervision of the Ministry of Natural Resources and Environment in controlling technical quality. Specifically, it is necessary to adjust the regulations in the direction that the issuance of licenses for exploration and exploitation of Group II minerals must be approved in writing by the Ministry of Natural Resources and Environment for the exploration project, reserve report as well as mine facility design, except in cases where there are other regulations.
Source: https://baotintuc.vn/thoi-su/no-luc-giai-quyet-tinh-trang-khan-hiem-vat-lieu-xay-dung-cho-cac-du-an-trong-diem-20251106113405387.htm






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