Kinhtedothi - On the morning of November 29, continuing the 8th Session, with 446/448 National Assembly deputies participating in the vote in favor (accounting for 93.11% of the total number of National Assembly deputies), the National Assembly passed the Law on Geology and Minerals.
Distinguish mineral groups according to their uses and management purposes.
Accordingly, the Law on Geology and Minerals has clearly classified mineral groups according to their uses and management purposes. Specifically, Group I minerals include: Metal minerals; energy minerals; precious stones, semi-precious stones; industrial minerals.
Group II minerals are minerals used as materials in the construction industry to produce cement, tiles, sanitary ceramics, construction glass, paving stones, fine arts, industrial lime, and refractory materials.
Group III minerals include minerals used as common construction materials, peat, mineral mud, natural mineral water, and natural thermal water.
Group IV minerals include minerals that are only suitable for the purpose of making filling materials, building foundations, constructing hydraulic works, and preventing and combating natural disasters, including: Clay, hill soil, soil with other names; soil mixed with rocks, sand, pebbles or gravel; sand (except sand and gravel from riverbeds, lakebeds and sea areas).
The Government will be responsible for specifying the detailed list of minerals by group and regulating the classification of minerals with multiple uses.
In order to remove difficulties and obstacles in the practice of mineral exploitation to provide filling materials for socio-economic development investment projects, Chairman of the National Assembly's Committee on Science, Technology and Environment Le Quang Huy said that the Law has revised general regulations for the exploitation of Group IV minerals.
Accordingly, the exploitation of Group IV minerals to serve projects, works, and construction items, and the implementation of emergency mobilization measures, does not require the implementation of procedures for submitting to competent state agencies for decision or approval of investment policies, approval of investment projects, appraisal and approval of environmental impact assessment report appraisal results, issuance of environmental licenses, and environmental registration.
However, it is necessary to develop a plan for exploiting Group IV minerals and submit it to the competent state management agency for consideration and issuance of a mineral exploitation license according to the provisions of this law.
At the same time, the Law assigns the Government to specify in detail technical contents, processes, records, orders, and procedures to ensure proactiveness and flexibility in direction and administration.
Review and remove duplicate contents under the Government's authority, and at the same time stipulate in one article (Article 107) the responsibility for state management of geology and minerals of the Government, ministries, ministerial-level agencies, and provincial People's Committees.
The term of the mining license shall not exceed 30 years, and may be extended for a maximum of 20 years.
Regarding the term of the mineral exploitation license, the Law stipulates that the exploitation term includes the basic construction period, the exploitation period is determined according to the mineral exploitation investment project but not exceeding 30 years.
The Law allows multiple extensions upon request of organizations and individuals holding mineral exploitation licenses, but the total extension period shall not exceed 20 years, except for the cases specified in Point a, Clause 2, Article 68 and Clause 3, Article 87 of this Law.
In case the mineral exploitation period, including the extension period, has expired but the permitted exploitation area still has reserves, the re-issuance of the mineral exploitation license shall be carried out upon the request of the organization or individual that has been granted the mineral exploitation license.
Previously, there was a proposal to adjust the regulation on the licensing period to no more than 50 years and the extension period to no more than 15 years. Chairman of the National Assembly's Committee on Science, Technology and Environment Le Quang Huy said that minerals are public assets, and the implementation of mineral exploitation investment projects must have a different approach compared to other normal investment projects.
The regulation of the term of mineral exploitation licenses ensures convenience for organizations and individuals exploiting minerals, but it is necessary to calculate and minimize negative impacts on socio-economic development. International experience shows that mineral exploitation licenses are all valid for a maximum of 30 years and can be extended for a number of years. This regulation is also consistent with the reality that the life cycle of mineral exploitation technology after 30 years is often outdated and also requires investment and innovation.
Source: https://kinhtedothi.vn/quoc-hoi-thong-qua-luat-dia-chat-va-khoang-san-phan-ro-cac-nhom-khoang-san.html
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