On the afternoon of November 5, at the National Assembly House, continuing the 8th Session, under the chairmanship of National Assembly Chairman Tran Thanh Man, the National Assembly discussed in the hall a number of contents with different opinions of the draft Law on Geology and Minerals.
Participating in giving comments, National Assembly Deputy Vo Manh Son (National Assembly Delegation of Thanh Hoa Province), Provincial Party Committee member, Chairman of the Provincial Labor Federation, agreed with the Report on reception and explanation of the National Assembly Standing Committee on the draft Law on Geology and Minerals.
To continue perfecting the draft Law, National Assembly Deputy Vo Manh Son contributed some specific opinions, namely: Regarding the responsibility for making mineral planning. In particular, in Article 14 on the responsibility for making mineral planning, the draft stipulates: "The Government assigns agencies to organize the preparation and submit to the Prime Minister for approval of mineral planning; stipulates the preparation of geological and mineral management plans integrated into provincial planning".
Delegate Vo Manh Son said that this provision is still very general, not ensuring consistency and continuity. Each period has different understandings and implementations, leading to a situation where at one stage the Government assigns one Ministry, and at another stage the Government assigns another Ministry to preside over it. To avoid this situation, to ensure consistency and continuity in the process of deploying and implementing the Law, it is recommended to unify and specifically assign the responsible Ministry to prepare and submit to the Prime Minister for approval the mineral planning, while ensuring the principle of "Implementing the principle that one task is assigned to only one agency to preside over it, take primary responsibility, and relevant agencies coordinate in implementation" according to Resolution No. 27-NQ/TW dated November 9, 2022 of the Party Central Committee on continuing to build and perfect the socialist rule-of-law state of Vietnam in the new period. Delegate Vo Manh Son agreed with option 1: Assign the Ministry of Natural Resources and Environment to establish a mineral planning as stated in the report explaining, accepting, and revising the draft Law on Geology and Minerals of the National Assembly Standing Committee.
To avoid the situation of not ensuring objectivity in the state management of minerals when the agency that establishes and manages the planning is also the agency that issues mineral operation licenses. When the Ministry of Natural Resources and Environment establishes the Mineral Planning, the Law needs to stipulate the responsibility to consult the Ministry of Industry and Trade and the Ministry of Construction before submitting the mineral planning to the Prime Minister for approval.
Regarding the adjustment of mineral planning, adjustment of geological and mineral management plans. Delegate Vo Manh Son said that the assignment to the Government in Clause 3, Article 15 of the draft Law “3. The Government shall prescribe cases of local adjustment of mineral planning, geological and mineral management plans according to simplified procedures and processes” is appropriate, solving current difficulties and shortcomings in mineral planning, solving cases of mineral exploitation as common construction materials (group IV minerals) to promptly serve urgent public investment projects and current national key projects.
There are also many opinions on this content. Delegates agree with the content of the draft Law and the Report on explanation, acceptance and revision of the draft Law on Geology and Minerals of the National Assembly Standing Committee.
Regarding environmental improvement and restoration in the exploitation of Group IV minerals. In particular, Clause 5, Article 75 of the Draft assigns the Government to specify in detail the environmental improvement and restoration in the exploitation of Group IV minerals, while the content of this law does not reflect the principled content in the environmental improvement and restoration in the exploitation of Group IV minerals. At Point i, Clause 4, Article 75 also only stipulates the Obligations of organizations and individuals exploiting Group IV minerals: Improving and restoring the environment and bringing the area after exploitation to a safe state according to the provisions of this Law and the law on environmental protection.
Therefore, it is proposed to study and add a principled provision on environmental improvement and restoration in the exploitation of Group IV minerals, on that basis, assign the Government to specify in detail the environmental improvement and restoration in the exploitation of Group IV minerals.
Regarding the implementation of the project to close a mineral mine (Article 86). Accordingly, regarding responsibility, in the case of an organization or individual who has abandoned its business location but has not yet carried out dissolution or bankruptcy procedures, that legal entity still exists and is therefore still responsible for closing the mineral mine according to the provisions of the Law. In case an organization or individual deliberately delays the obligation to close the mine, it will be implemented according to the provisions of the law on handling administrative violations and other relevant laws.
However, in reality, there are still cases where mineral exploitation units are slow to close the mines and abandon their business locations, but do not carry out dissolution or bankruptcy procedures..., administrative and other relevant legal measures are not effective in requiring responsible organizations and individuals to carry out their responsibilities to the end, leading to a situation where mineral mines have stopped operating for a long time and are not safe.
To put the project of closing mineral mines into practice, delegate Vo Manh Son proposed to add regulations on the unit responsible for implementing measures to bring the mine back to a safe state in cases where mineral exploitation units are slow to close the mine, have abandoned their business locations, but do not carry out dissolution or bankruptcy procedures or due to lack of funding to do so; add regulations on handling cases where mineral exploitation enterprises do not dissolve or go bankrupt, but also do not close the mine according to regulations.
Quoc Huong
Source: https://baothanhhoa.vn/dbqh-vo-manh-son-doan-dbqh-tinh-thanh-hoa-tham-gia-gop-y-ve-mot-so-noi-dung-con-y-kien-khac-nhau-cua-du-thao-luat-dia-chat-va-khoang-san-229562.htm
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