Amending the Law on Geology and Minerals to promote national key projects

The draft Law amending and supplementing the Law on Geology and Minerals was submitted to the National Assembly to remove obstacles, strongly decentralize power to localities, and promote key projects.

On the morning of November 4, the National Assembly listened to Minister of Agriculture and Environment Tran Duc Thang, authorized by the Prime Minister, present a summary report on the draft Law amending and supplementing a number of articles of the Law on Geology and Minerals (ĐC&KS). At the same meeting, Chairman of the National Assembly's Committee on Science, Technology and Environment Nguyen Thanh Hai presented a summary report on the draft Law.

According to the Government's Proposal, the amendment of the Law on Minerals and Mineral Resources aims to promptly remove difficulties in practical implementation, especially regarding the licensing mechanism, exploitation and use of minerals for the construction of important national works and projects; public investment projects, urgent and urgent; as well as socio -economic development projects under the authority of localities.

Minister of Agriculture and Environment Tran Duc Thang, authorized by the Prime Minister, presented a summary report on the draft Law amending and supplementing a number of articles of the Law on Geology and Minerals. Photo: Quang Khanh.

In addition, the draft Law also aims to perfect the criteria for delimiting areas where mineral exploitation rights are not auctioned, ensuring the release of mineral resources for socio-economic development; legalizing regulations on decentralization and decentralization; and at the same time, supplementing a separate management mechanism for rare earth resources in the new situation.

According to Minister Tran Duc Thang, the amendment and supplement to the Law will contribute to speeding up the procedures for implementing infrastructure projects and key national works, especially projects starting construction to welcome the 14th National Party Congress. This is also a practical solution to promote socio-economic growth, towards the target of increasing GDP by 8% in 2025 and creating a foundation for double-digit growth in the next period.

Strong decentralization to localities in granting mineral exploitation licenses

The draft Law consists of three articles, focusing on three major contents: amending and perfecting regulations; reducing and simplifying administrative procedures; and decentralization.

The amendments and supplements to the Law will contribute to speeding up procedures for implementing infrastructure projects and key national works, especially projects starting construction to welcome the 14th National Party Congress. Photo: Quang Khanh .

In the first group of policies, the draft allows the Chairman of the Provincial People's Committee to decide to grant licenses to exploit Group III and IV minerals to serve public investment projects, PPP projects, key projects, socio-economic development projects under the authority of the locality, emergency construction projects, and natural disaster prevention.

The Provincial People's Committee is also allowed to decide on the exploitation and use of Group III and IV minerals to respond to natural disasters, epidemics, and national security and defense without having to carry out procedures for granting exploration licenses or recognizing mineral exploration results.

The second group of policies focuses on amending the criteria for delimiting areas where mineral exploitation rights are not auctioned, ensuring sources of raw materials and supplies for key projects and works.

The third group of policies allows state management agencies to grant licenses for extended and deep exploration to organizations and individuals that are legally exploiting, without having to adjust or supplement the mineral planning before granting the license. Based on the results of the exploration, the management agency will update and supplement the mineral planning to serve as a basis for management.

Add a separate chapter on rare earth management

In the fourth policy group, the draft supplements Chapter VIIa with four articles regulating the management of rare earths, including: State policies on rare earths (Article 85a), national strategy on rare earths (Article 85b), reserves and protection of rare earth minerals (Article 85c), and exploration and exploitation of rare earth minerals (Article 85d). These provisions strengthen sanctions and mechanisms for strict management of this special resource.

The fifth policy group supplements regulations on priority in submitting applications for mineral exploitation licenses. Accordingly, organizations and individuals conducting mineral exploration have priority in submitting applications within 36 months for group I and II minerals; and 18 months for group III minerals after the competent authority recognizes the reserves.

Amending the Law is a practical solution to promote socio-economic growth, aiming for an 8% GDP increase in 2025 and creating a foundation for double-digit growth in the next period. Photo: Quang Khanh.

In addition, for group IV minerals serving public investment projects, PPP, key or urgent projects, the priority period is 45 days from the date of exploration results or survey confirmation. This regulation aims to limit the delay in putting mines into operation, and at the same time, bind the responsibility of licensed organizations and individuals to exploit them soon to supply materials for projects nationwide.

In addition to the above 5 policy groups, the drafting agency will continue to coordinate with localities to review and thoroughly handle shortcomings in the provisions of the Law on Land and Mineral Resources, especially in mineral exploration, exploitation, recovery and financial regulations.

The revised contents will be ensured to be consistent with the Law on Promulgation of Legal Documents 2025, aiming to create consistency and consistency in implementation, towards the goal of effectively exploiting mineral potential, promoting double-digit GDP growth in the period 2026 - 2030.

Ensuring the consistency of the legal system

The National Assembly's Committee on Science, Technology and Environment (KH,CN&MT) believes that the scope of amendments to the draft Law amending and supplementing a number of articles of the Law on Geology and Minerals has basically reflected the purpose and viewpoints stated in the Government's Submission No. 858/TTr-CP, in accordance with the Party's guidelines and policies and the State's laws.

Chairman of the National Assembly's Committee on Science, Technology and Environment Nguyen Thanh Hai presents a summary report on the review of the draft Law. Photo: Quang Khanh.

The Committee for Science, Technology and Environment assessed that the draft Law has a close relationship with the laws on planning, investment, environmental protection, organization of the state apparatus and local government. Basically, the draft has ensured consistency with new laws and resolutions issued by the National Assembly such as: Law on Organization of the Government (February 18, 2025), Law on Organization of Local Government (February 19, 2025), Law on Promulgation of Legal Documents, and Resolution No. 190/2025/QH15.

At the 10th session of the National Assembly in 2025, many other important draft laws were also considered and passed, such as the Investment Law (amended), the Planning Law (amended), the Law on amending and supplementing a number of articles of 15 Laws in the fields of agriculture and environment (including the Law on Environmental Protection). Therefore, the Committee requested the drafting agency to closely coordinate with relevant law drafting agencies, the Ministry of Justice and relevant agencies to review, update and amend in a timely manner, ensuring consistency in the entire legal system.

Regarding the draft Law on Planning (amended), the Committee proposed to carefully review the regulations on planning and planning adjustments, ensuring strict implementation of the direction of General Secretary To Lam at the 12th Central Conference, 13th tenure: "It is necessary to remove overlaps between sectoral, regional and local planning; creating a basis for implementing harmonious and mutually supportive spatial planning between the nation, regions and localities".

In addition, the Committee also noted the need to review Articles 11 and 12 of the Law on Geology and Minerals, adjusting them to be consistent with the Law on Planning and management practices, as many localities are currently facing difficulties in implementing important national projects due to overlapping mineral planning areas.

The Committee on Science, Technology and Environment requested the drafting agency to continue to coordinate with ministries, branches and localities, synthesize recommendations and propose synchronous amendments to the Law on Planning (amended) and the Law on amending and supplementing a number of articles of the Law on Urban and Rural Planning, and submit them to the 15th National Assembly for approval at the 10th session, to ensure consistency, feasibility and effectiveness in law enforcement.

Source: https://nongnghiepmoitruong.vn/sua-luat-dia-chat-va-khoang-san-de-thuc-day-cong-trinh-trong-diem-quoc-gia-d782175.html