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The National Assembly passed the Law amending and supplementing the Law on Geology and Minerals.

The National Assembly passed the Law amending and supplementing a number of articles of the Law on Geology and Minerals, perfecting regulations on sampling, mining licenses and unifying the law.

Báo Tài nguyên Môi trườngBáo Tài nguyên Môi trường11/12/2025

On the morning of December 11th, with a majority of delegates voting in favor, the National Assembly passed the Law amending and supplementing a number of articles of the Law on Geology and Minerals.

Earlier, the National Assembly heard Minister of Agriculture and Environment Tran Duc Thang, authorized by the Prime Minister, present a summary report on the acceptance and explanation of opinions from National Assembly deputies.

According to Minister Tran Duc Thang, in accordance with the Law on the Promulgation of Legal Documents, the Government has submitted Report No. 1179/BC-CP dated October 8, 2025 to the National Assembly, explaining and incorporating the opinions of the Committee on Science , Technology and Environment, as well as opinions from the working groups and the plenary session related to the draft Law.

Bộ trưởng Bộ Nông nghiệp và Môi trường Trần Đức Thắng, thừa ủy quyền của Thủ tướng Chính phủ, trình bày báo cáo tóm tắt về việc tiếp thu, giải trình ý kiến của đại biểu Quốc hội. Ảnh: Phạm Thắng.

Minister of Agriculture and Environment Tran Duc Thang, authorized by the Prime Minister, presented a summary report on the acceptance and explanation of opinions from National Assembly deputies. Photo: Pham Thang.

On December 10, 2025, the National Assembly Office issued Notice No. 4942/TB-CPQH, announcing the conclusions of the National Assembly Standing Committee on the acceptance and revision of the draft. Based on this, the Government directed the drafting agency to closely coordinate with the Committee on Science, Technology and Environment to incorporate as many of the delegates' opinions as possible and finalize the draft for submission to the National Assembly for approval.

Regulations on sampling minerals for research on processing technology.

Responding to requests for clarification on regulations allowing organizations and individuals to take mineral samples for research and technology testing in processing, the Government stated that the draft Law has added principles permitting sample taking and assigned the Government to provide detailed regulations.

In the draft decree amending Decree 193/2025/ND-CP, the drafting agency added Section 11 to Chapter IV, comprising Articles 100a and 100b, specifying the documentation, procedures, and conditions for sampling; the responsibilities of organizations and individuals carrying out the sampling; and the responsibilities of the management agency. The regulations aim to ensure that sampling does not affect the rights of units legally operating in the area.

Regarding the suggestion to clarify the basis and feasibility of adding Clause 4 to Article 205 of the Land Law, the Government stated that the draft Law has codified several contents of Resolution 66.4/2025/NQ-CP. These include provisions to remove obstacles to the procedures for converting land use purposes for mining Group III and Group IV minerals to serve public investment projects, PPPs, key projects, and disaster prevention and control projects, etc.

This group of minerals mainly consists of fill soil, stone, sand, gravel, etc., with a short exploitation period. Implementing the full land acquisition and allocation process would prolong the timeframe and affect project progress. Allowing the subleasing of land use rights for exploration and exploitation is in accordance with Clause 1, Article 27 of the Land Law.

The regulations only apply to agricultural land that is planted with production forests, non-agricultural land (excluding land for national defense and security), and ensure that the conditions for using the land for its primary purpose are not lost. The Government proposes to retain the provisions in Article 2 of the draft Law.

Quốc hội thông qua Luật sửa đổi, bổ sung một số điều của Luật Địa chất và khoáng sản, hoàn thiện quy định về lấy mẫu, giấy phép khai thác và thống nhất pháp luật. Ảnh: Phạm Thắng.

The National Assembly passed the Law amending and supplementing a number of articles of the Law on Geology and Minerals, perfecting regulations on sampling, mining licenses, and unifying the law. Photo: Pham Thang.

Licenses already issued and transitional provisions

Regarding Clause 5 concerning licenses issued but not meeting the criteria for non-auction, the Government affirms that the error lies with the licensing authority, not the organization granted the license. Therefore, to ensure legitimate rights and guarantee the supply of construction materials for projects under points a, b, c, d, and e of Clause 1a, Article 55, these licenses will continue to be issued under two conditions: the extracted minerals will only supply the aforementioned projects; and the license must conform to the provincial planning.

Point c, Clause 5 clearly stipulates that organizations and individuals who violate the law will still be dealt with according to the law.

Regarding Clause 6, the Government retains the transitional provisions for investment projects in processing or utilizing minerals that have received investment approval and identified raw material sources - in accordance with Clause 26, Article 1 of the draft Law (amending Clause 2, Article 100).

Following feedback from the National Assembly Standing Committee, the drafting agency removed Clause 9 and finalized Clause 3 of Article 4. Regarding Clause 10 (now Clause 9), the Government reviewed and supplemented it to ensure it does not include cases of violations.

Ensuring legal consistency and improving the technical aspects of legal documents.

The government stated that it has directed a thorough review to fully institutionalize the Party's guidelines in accordance with Regulation 178-QĐ/TW and Conclusion 119-KL/TW. The draft Law is being finalized in coordination with the Ministry of Justice, the Committee on Justice and Law, and the Committee on Science, Technology and Environment to standardize the language, format, and presentation techniques.

Draft decrees and implementing guidelines are also being prepared to ensure they take effect simultaneously with the Law.

Regarding the issues on which there are differing opinions, the Ministry of Agriculture and Environment has coordinated with the Committee on Science, Technology and Environment to research, incorporate feedback, and provide full explanations to the Standing Committee of the National Assembly, reporting to the Government to finalize the draft for submission to the National Assembly for approval.

Source: https://nongnghiepmoitruong.vn/quoc-hoi-thong-qua-luat-sua-doi-bo-sung-luat-dia-chat-va-khoang-san-d788803.html


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