Minimize the time required to bring mineral deposits used as common building materials into operation.
The supplementary law stipulates that the State allows organizations and individuals to take mineral samples for research and testing of mineral processing technologies as prescribed by the Government . According to this regulation, a Government Decree will specify the details related to taking mineral samples for research and testing of mineral processing technologies.
The new law also adds cases where licenses for exploiting Group III minerals as construction materials are granted to organizations and individuals specified in Clauses 1 and 2 of Article 53 of this Law for the purpose of supplying materials to construction projects.
The law comes into force from January 1, 2026.
Previously, in a report on the explanation, acceptance, and revision of the draft Law amending and supplementing a number of articles of the Law on Geology and Minerals, Minister of Agriculture and Environment Tran Duc Thang stated that, regarding the request for the Government to explain and clarify the basis and feasibility of the proposal to add Clause 4 to Article 205 of the Land Law, if the Government has not provided a thorough and comprehensive explanation, it will not be included in the draft Law submitted to the National Assembly for consideration and approval, the Minister of Agriculture and Environment reported as follows: The law incorporates some contents of Resolution No. 66.4/2025/NQ-CP, including the content of removing difficulties and reducing administrative procedures in the conversion of land use purposes for the exploitation of Group III minerals for construction materials, Group IV minerals to supply public investment projects, PPP projects, key national projects, urgent projects, projects and works for disaster prevention and control, and some projects under the direction of the Chairman of the People's Committee. The provincial level makes the decision.
The above regulations aim to minimize the time required to bring mineral mines for common construction materials into operation, ensuring timely supply for the aforementioned projects and works. At the same time, to ensure the consistency and uniformity of the legal system, it is necessary to amend and supplement several articles of the Land Law as proposed in the draft law.
According to Clause 1, Article 27 of the Land Law, land use rights can be leased in accordance with the provisions of the Land Law and other relevant laws. Therefore, the provision for subleasing land use rights for the exploration and exploitation of Group III and Group IV minerals, as proposed in the draft law, does not contradict the provisions of the Land Law.
In addition, the minerals to which this regulation applies include those used as construction or leveling materials (fill soil, stone, sand, gravel, etc.) and with a short extraction period.
Therefore, land acquisition and allocation will lead to delays, causing disruptions to construction progress and affecting the legitimate rights and interests of those currently holding land use rights.
The regulations as drafted in the Law are implemented under the multi-purpose land use mechanism as stipulated in the land law and only apply to agricultural land, production forest land (planted forests), and non-agricultural land, excluding land for national defense and security. However, it must ensure that the necessary conditions for using the land for the main purpose for which it was allocated or leased by the State, and the provisions of the land law, are not lost.
Therefore, the Government proposes that the National Assembly allow the retention of the provisions as stipulated in Article 2 of the draft Law.
Establish strict mechanisms for managing rare earth elements.
Regarding rare earth management, the drafting agency believes that this is a very important issue. Regulations on rare earth management are implemented based on the guidance of the Party and State leaders on the strategy for managing, exploiting, and utilizing rare earth resources to serve national development, with specific and special management requirements.
The Minister of Agriculture and Environment stated that the draft Law has stipulated strict mechanisms for managing rare earth elements, based on the principle that strategic and development-oriented matters will be decided by the Government. Technical details and specific tasks will be stipulated in sub-laws and appropriate authority will be assigned to ministries, sectors, and localities.
In addition, the lead agency has revised the general regulations on rare earth management with the goal of ensuring that exploration, exploitation, and processing go hand in hand with the formation of a closed value chain to avoid exporting as raw materials; using modern, low-emission mining and processing technologies; and affirming the unified management role of the Government in guiding the exploration and exploitation of minerals and rare earths.
Source: https://daibieunhandan.vn/quoc-hoi-thong-qua-luat-sua-doi-bo-sung-mot-so-dieu-cua-luat-dia-chat-va-khoang-san-10400107.html
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