Specifically, according to Ms. Ha: remove the regulation of granting no more than 5 exploration licenses for a type of mineral to the same organization; Allowing for expanded and deep exploration without having to adjust or supplement mineral planning; not having to carry out mineral exploration activities in areas of mineral exploitation; allowing for partial or complete overlap of surface boundaries in areas with mineral activities for organizations and individuals to exploit minerals at different depths and exploitation times, contributing to solving urgent problems and promoting socio-economic growth.
Regarding the extension, licensing, and adjustment of mineral exploration and exploitation licenses, Ms. Ha assessed that the draft regulation stipulates that the duration of exploration and exploitation licenses when extended, re-granted, and adjusted does not depend on the period of the approved planning. This regulation is appropriate, helping to remove obstacles regarding license duration.
However, Point c, Clause 1, Article 59 of the Law on Geology and Minerals stipulates the rights of organizations and individuals exploiting minerals to conduct additional exploration and upgrade reserves within the boundaries of the area permitted for exploitation. The results of this exploration are the basis for adjusting the exploitation license, leading to an increase in the proposed reserves for exploitation license, which will be different from the mobilized reserves recorded in the planning.
Ms. Ha warned that if the provisions in the draft Law are not met, the competent authority may not accept or appraise the dossier for adjusting the mining license (due to non-compliance with the planning). In practice, there have been cases of adjusting the mining license, and the Council for Appraisal of the Environmental Impact Assessment Report of the Ministry of Agriculture and Environment said that the upgraded reserves have not been updated in the Mineral Planning, so the dossier is still not qualified for appraisal.
Therefore, Ms. Ha suggested that the Drafting Committee consider and add at the end of point h. Accordingly: "In case of extension, re-issuance, adjustment of mineral exploration license, mineral exploitation license, the term of the license does not depend on the period of the approved mineral planning, provincial planning and adjustment of the exploitation license to supplement the reserves from the exploration results recognized by the competent authority, the mineral reserves licensed for exploitation do not depend on the mobilized reserves recorded in the approved mineral planning, provincial planning" to ensure compliance with legal regulations, at the same time remove the bottlenecks that are common in many localities, contributing to improving the efficiency of resource exploitation and limiting waste.
Regarding the addition of “technology testing” to the scope prescribed by the Government , The draft Law stipulates: The Government shall prescribe the conditions and criteria for determining areas for deep and expanded exploration; prescribe and decide on the application of principles of basic geological investigation, geological investigation of minerals and mineral activities for rare earths.
Ms. Ha analyzed: Currently, technology testing is carried out during the exploration process, based on the submission to the Ministry of Science and Technology at the time of exploration. After the end of exploration, organizations and individuals who intend to implement mineral exploitation and processing investment projects need to take testing samples with different or higher technology. However, the draft Law does not have any regulations on this. Therefore, it is necessary to assign the Government to supplement this regulation so that enterprises have a mechanism to implement it.
Therefore, it is proposed to add the phrase "technology testing" to the scope prescribed by the Government to create a complete legal corridor, consistent with the requirements of science and technology in the field of rare earth, helping businesses have a basis for investment implementation, ensuring safety, efficiency and compliance with international practices.
Notably, regarding the priority right to submit applications for mineral exploitation licenses, according to the provisions of Point 2a-b, Clause 19, Article 1, the priority right to submit applications for group IV mineral exploitation licenses is 45 days in the case of supplying to works, projects and tasks specified in Clause 1a, Article 55 of this Law.
However, Ms. Ha said that the procedures for group III and IV minerals according to the above provisions are all prioritized for reduction (no need to carry out procedures related to investment and environment). Mineral exploitation investment projects or mineral exploitation plans must have contents on safety in mineral exploitation, environmental protection, and determination of deposit levels for environmental improvement and restoration.
“In the areas of Group IV minerals, there is a possibility of Group III minerals appearing and vice versa. It is recommended to adjust the priority period to 3 months, so that units can thoroughly evaluate the types of minerals in the area,” Ms. Ha said, adding that this is to ensure continuity in the process of evaluating licensing dossiers, avoiding wasting time for organizations and individuals requesting licenses to have to re-implement the new process according to the Law on Geology and Minerals 2024 . For the above-mentioned licensing dossiers, the authority to determine, appraise and submit to the competent licensing authority for continued implementation shall comply with the regulations at the time of receiving the dossier.
Source: https://daidoanket.vn/quy-dinh-thoi-han-cac-loai-giay-phep-tham-do-khai-thiac-khi-gia-han-giup-thao-go-cac-vuong-mac.html
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