Reporting at the meeting, Mr. Mai Thanh Dung - Deputy Director of the Institute of Strategy and Policy on Natural Resources and Environment (CLCS TN&MT) said that the Government has issued many Resolutions on licensing procedures for implementing projects to exploit materials for highway construction; however, these projects have not yet been fully implemented, mainly related to the land sector (agreements, compensation, ...); in addition, investors implementing highway projects have not proactively identified raw material sources and forecasted demand for use to have appropriate plans.
To implement a mineral exploitation project in general, and mineral exploitation for construction materials in particular, it is necessary to involve administrative procedures for land allocation, land lease, land use conversion, etc. However, the current Mineral Law does not have specific regulations for minerals used as filling materials and it takes a long time to complete related procedures.
For the areas proposed for licensing of construction material mineral activities (at mines and auxiliary works), many places are related to natural forest land. Licensing procedures here are quite complicated, therefore, it does not attract investors to invest in mineral activities for common construction materials in these areas.
In particular, the deadlines for Resolutions on highway construction and socio-economic development projects in general have almost expired and there is no specific land mechanism to use land for mineral exploitation activities for landfill purposes.
After initial research, the Institute is focusing on: Further research on provisions in the Land Law, the Law on Geology and Minerals, the Construction Law, the Law on Environmental Protection, and at the same time, consulting and making proposals to remove obstacles for future projects related to mineral exploitation for the purpose of making landfill materials.
Contributing his opinion at the meeting, Mr. Le Van Binh - Deputy Director of the Land Department said that the Land Law has provisions for implementing highway projects and mineral projects. The State only reclaims land for mineral exploitation projects licensed by the Ministry of Natural Resources and Environment; for mineral exploitation projects for common construction materials licensed by the Provincial People's Committee, the State does not reclaim land.
Therefore, when being granted a license to exploit minerals for land areas that have been allocated and granted land use right certificates to households and individuals, enterprises must negotiate compensation with the people to receive the transfer or lease of land for mineral exploitation, and at the same time, need to carry out land lease procedures and pay land rent to the State. This leads to difficulties in transactions, as well as increases production costs and time.
Adding his opinion, Mr. Nguyen Van Hung - Deputy Director of the Legal Department proposed that the Institute also needs to closely study the principles on the development of regulations in the two Laws: Land and Minerals, because they involve many administrative procedures and specific regulations in the implementation of mineral exploitation activities on land (State land, planned land, owned land, etc.).
Directing at the meeting, Deputy Minister Tran Quy Kien assessed that this is a "hot" issue that is receiving a lot of attention today, because expressway construction projects are related to urgent social needs.
Therefore, the Deputy Minister requested the Institute of Natural Resources and Environment to urgently study current regulations, consult and seek advice, coordinate with the Department of Land, the Department of Planning and Land Resources Development, the Department of Land Registration and Information Data, etc. to advise and propose the contents of new Decrees/Resolutions, allowing localities to simplify land procedures such as land recovery and conversion of land use purposes, ensuring the interests of all parties, meeting the requirements and progress of the expressway construction project.
The content needs to be clarified for each field, with specific mechanisms for each area such as areas not yet included in the planning but with suitable raw materials for filling materials; areas that have been planned for land use for mineral activities but do not meet the conditions/exploitation procedures; types of land that are subject to specific mechanisms and shortened related procedures such as land recovery, conversion of land use purposes, etc.
At the same time, the Deputy Minister also requested the Institute of Natural Resources and Environment to coordinate with the Legal Department to focus on researching and surveying terrain, transportation costs, construction costs, land use planning for mineral exploitation activities, establishing waste discharge areas, etc. of these construction works and projects.
Source: https://baotainguyenmoitruong.vn/hoan-thien-co-che-su-dung-dat-doi-voi-hoat-dong-khai-thac-khoang-san-lam-vat-lieu-san-lap-380347.html
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