Continuing the August thematic session on legislation, this morning, August 12th, under the chairmanship of the Vice Chairman of the National Assembly , Lieutenant General Tran Quang Phuong, the Standing Committee of the National Assembly gave its opinion on the explanation, acceptance, and revision of the draft Law on Geology and Minerals.
Mineral water and natural hot springs are Group III minerals.
In the report on some major issues regarding the explanation, acceptance, and revision of the draft Law, the Chairman of the Committee on Science , Technology and Environment, Le Quang Huy, stated that regarding the classification of minerals (Article 7), some opinions suggested the need to clearly define specific types of minerals according to their uses to ensure uniformity and efficiency in management and avoid creating legal loopholes that could lead to violations, losses, and waste; at the same time, to resolve difficulties in the exploitation of minerals for leveling materials currently; and proposed specifying a list of minerals by group attached to the draft Law.
According to the Standing Committee of the National Assembly's Committee on Science, Technology and Environment, Clause 1 of Article 7 stipulates the classification of minerals in principle based on their uses and management purposes. Clause 4 of Article 7 of the draft Law assigns the Government the task of providing detailed regulations on this matter. Accordingly, the Government will develop a list of Group I, Group II, and Group III minerals in a detailed guiding Decree to serve as a basis for implementation.
Regarding opinions on minerals used as leveling materials, the draft Law stipulates that these are Group IV minerals and are processed through simplified administrative procedures, as prescribed in Section 4, Chapter VI - Registration of Group IV Mineral Exploitation Activities. Some opinions suggest reviewing the regulation that mineral water should be grouped together with precious metals and gemstones (Group I minerals) to facilitate the exploitation of natural hot springs for tourism, thereby creating jobs and increasing income for the people.
Chairman of the Committee Le Quang Huy stated that, in response to feedback from National Assembly deputies, mineral resources such as mineral water and natural hot springs have been classified as Group III minerals in the draft Law.
Carefully assess the impact of the new policy.
The members of the National Assembly Standing Committee generally agreed with and highly appreciated the report explaining, receiving feedback, and revising the draft Law by the Committee on Science, Technology and Environment, which was very detailed, clear, and incorporated as many opinions as possible from National Assembly deputies at the Seventh Session.
Speaking at the session, National Assembly Chairman Tran Thanh Man highly appreciated the drafting and reviewing agencies for incorporating the opinions of National Assembly deputies discussed in committees and in the plenary session after the Seventh Session of the 15th National Assembly; he acknowledged that the Standing Committee of the Science, Technology and Environment Committee had organized many working sessions with ministries, sectors, and localities in a constructive spirit, seriously listening to opinions.
Emphasizing that the Law on Geology and Minerals is an important law, the Chairman of the National Assembly stated that the issue of licensing the exploitation of minerals, common construction materials, and leveling materials within planned areas is very important; it is necessary to clearly distinguish between planning, exploration, and exploitation.
Through working with local authorities, it has been found that there are 5 groups of recommendations regarding practical difficulties in implementing the Law; of which, 3 groups have clear solutions in this draft Law, and 1 group of difficulties currently has 2 options to choose from related to Article 16 of the draft Law on adjusting mineral resource planning.
"Regardless of the option, the basis and requirements must be clearly defined before being presented for discussion at the upcoming Conference of National Assembly Deputies working in specialized committees, as well as before being submitted to the National Assembly for voting," the Speaker of the National Assembly emphasized.
The Chairman of the National Assembly also requested further consideration and research on two issues, Articles 15 and 16 of the draft Law, which still have two differing options. Regarding the content on the responsibility for mineral resource planning (Article 15), a thorough assessment of the policy impact is needed if the coordinating body for mineral resource planning is changed from the current regulations of the Ministry of Construction and the Ministry of Industry and Trade to a single coordinating body, the Ministry of Natural Resources and Environment, as proposed in the draft Law. "Assessing the policy impact is also a mandatory requirement under the Law on the Promulgation of Legal Normative Documents," the Chairman of the National Assembly emphasized.
Regarding the adjustment of mineral resource planning (Article 16), the Chairman of the National Assembly requested representatives from state management agencies such as the Ministry of Planning and Investment to provide expert opinions on the possibility of including separate regulations for the mineral sector in the draft Law, or whether these will be discussed during amendments and additions to the Planning Law.
Furthermore, based on Resolution No. 10-NQ/TW of the Politburo dated February 10, 2022, on the strategic orientation for geology, minerals, and mining industry until 2030, with a vision to 2045, the Chairman of the National Assembly requested that, when drafting the Law, the drafting agency and the reviewing agency must fully incorporate the spirit and directives of the Politburo as expressed in the Resolution. This provides a solid foundation of the Party's leadership for the National Assembly to concretize into a law, and for the Government and ministries to issue guiding decrees and circulars.
The Speaker of the National Assembly emphasized the need for caution, thoroughness, and certainty in the process of finalizing the draft Law. "Issues that are 'well-established, clear, and proven in practice' should be amended, while those that are 'not yet well-established, unclear, or not yet proven in practice' should continue to be studied and not be hastily included in the draft Law."
At the same time, the Chairman of the National Assembly requested strict implementation of Regulation 178-QĐ/TW of the Politburo on controlling power and preventing and combating corruption and negative practices in the work of lawmaking. The drafting agency and the reviewing agency need to seriously and thoroughly review whether there are any interest groups involved in the drafting of the Law.
Commenting on the classification of minerals, National Assembly Vice Chairman Nguyen Khac Dinh stated that the draft Law's approach is to classify minerals based on both their uses and management purposes. The uses are clearly defined, and National Assembly deputies have also suggested classification based on uses. However, classification based on management purposes is crucial, as these purposes may change over time. Therefore, the National Assembly Vice Chairman agreed to entrust the Government with the task of providing detailed regulations to suit the management requirements of each period.
Regarding the remaining issues with two design options related to mineral resource planning and adjustments to mineral resource planning, the Vice Chairman of the National Assembly suggested that it is not advisable to immediately choose one option. Instead, a more in-depth analysis of the advantages and disadvantages of each option is needed. This analysis should then be presented at the National Assembly's specialized working group meeting for discussion, and subsequently presented to the National Assembly for further discussion. "Because each option has its pros and cons; innovation is always difficult, but maintaining the status quo prevents innovation," the Vice Chairman of the National Assembly stated.
In his remarks at the session, Deputy Minister of Natural Resources and Environment Tran Quy Kien expressed his sincere gratitude for the opinions of the delegates attending, and stated that he would coordinate with the reviewing agency to incorporate the contributions into the draft law to ensure its best quality.
Concluding the session, Vice Chairman of the National Assembly Tran Quang Phuong requested that the Standing Committee of the Committee on Science, Technology and Environment coordinate with relevant agencies to continue reviewing the draft law to ensure that the opinions of the National Assembly Standing Committee and National Assembly deputies are fully and convincingly incorporated and explained. At the same time, they should review the draft law to fully institutionalize the Party's guidelines and ensure the highest quality.
Source: https://baotainguyenmoitruong.vn/du-thao-luat-dia-chat-va-khoang-san-than-trong-ky-luong-chac-chan-378164.html
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