On the afternoon of June 20, at the discussion session in the group on the Law on Geology and Minerals, delegate Sung A Lenh, Deputy Head of the National Assembly Delegation of Lao Cai province, said that with Article 9 stipulating "Rights and responsibilities of localities, communities, households, and individuals where geological resources and minerals are exploited", it is necessary to add the provision "People need to be informed about geological and mineral surveys".
In reality, in many localities, people living in areas with mineral activities are not informed about information about organizations and enterprises operating in mineral activities. This can easily lead to the result that people are passive, surprised, and many people have negative reactions, lacking consensus with the mineral activities of organizations and enterprises. Therefore, people need to be informed about geological and mineral surveys.
The content of “Mineral planning” is specified in Article 13, in which point d, clause 2 stipulates “ Registered area for exploiting Group IV minerals” . According to regulations, Group IV minerals are clay, hill soil, soil and rock mixed with sand, gravel, etc. This group is only suitable for the purpose of making foundation, filling materials, and often arises in demand during the construction process.
Delegate Sung A Lenh analyzed that most construction investment projects have short durations, so the inclusion of Group IV minerals in the planning objects needs to be considered and evaluated more carefully for practical suitability.
Regarding the regulation on "Areas prohibited from mineral activities, areas temporarily prohibited from mineral activities" (Article 29), delegate Sung A Lenh suggested that it is necessary to be more specific and detailed in determining areas prohibited from mineral activities based on "results of geological surveys of minerals".
Also in Article 29, at point d, clause 1, the delegate proposed to add the phrase "belief" and edit it to the full content as: Religious and belief land. According to the provisions of Point g, Clause 3, Article 9 of the 2024 Land Law: Land used for religious activities (hereinafter referred to as religious land); land used for belief activities (hereinafter referred to as belief land). These are types of land for construction of facilities, headquarters and religious works, belief facilities, so it is necessary to consider adding them to the areas where mineral activities are prohibited.
Delegate Sung A Lenh also proposed to consider and study the expansion of areas where mineral activities are prohibited, and areas where temporary activities are prohibited, such as areas with high biodiversity or ecological value; areas at risk of groundwater pollution. These are areas that have a great impact on biological organisms as well as the human living environment.
With the regulation “Rights and obligations of organizations and individuals exploiting minerals” (Article 62), in which point l, clause 1 stipulates that organizations and individuals exploiting minerals have the right to “Mortgage and contribute capital to mineral exploitation rights”. In comparison with reality, delegate Sung A Lenh said that in some cases, mortgages and capital contributions were made to register mineral exploitation rights, but when exploiting, they violated regulations to the extent that the license had to be revoked. At that time, the dispute and the way to handle the dispute were quite complicated and difficult to resolve.
Mineral exploitation is a special activity, the assessed mineral reserves can change due to many reasons; in case of risks, the exploited reserves are not as predicted, no agency will be responsible to the bank or credit institutions. Therefore, the delegate suggested that the drafting agency study and consider additional regulations to make them suitable and strict.
Delegate Sung A Lenh also participated in drafting Article 64 on "Mine design", in which clause 1 Regulation 2 points including point a: "For mineral exploitation projects with a scale suitable to the regulations on one-step design and two-step design, mine design is construction drawing design" and point b: "For mineral exploitation projects with a scale suitable to the regulations on three-step design, mine design includes technical design and construction drawing design".
According to delegate Sung A Lenh, the above regulation is not consistent with the provisions of the 2014 Construction Law and the Law on Amendments and Supplements to a number of articles of the 2020 Construction Law. In particular, this Law stipulates that "one-step design is construction drawing design, two-step design is basic design and construction drawing design; three-step design includes basic design, technical design and construction drawing design".
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