To resolve current limitations, difficulties, and inadequacies related to mineral exploitation rights fees, the draft Law on Geology and Minerals stipulates that mineral exploitation rights fees will be collected annually and settled based on actual exploitation output.
On the morning of August 12, at the August legal seminar, Standing Committee of the National Assembly give opinions on explaining, accepting and revising the draft Law on Geology and Minerals.
Report at At the meeting, Chairman of the National Assembly's Committee on Science, Technology and Environment Le Quang Huy said that the draft Law regulating minerals, except oil and gas, and other types of natural water other than mineral water and natural hot water has fully covered all subjects, ensuring that there are no legal gaps.
The management of mineral water and natural hot water in the exclusive economic zone and continental shelf has certain difficulties and challenges. However, it is necessary to include them in the regulated objects to ensure national sovereignty over the exploration, exploitation and protection of resources. Minerals in this area. It is recommended that the Government, based on the practical situation, issue regulations guiding the implementation of appropriate and feasible management solutions.
Regarding mineral classification, accepting the opinions of National Assembly deputies, Clause 2, Article 7 stipulates that the Government is assigned to prescribe the list of minerals by group; prescribe the classification of minerals with multiple uses. According to the draft Decree of the Government detailing a number of articles assigned by the draft Law, there is a list of minerals by group and will review and supplement rare earths belonging to group I minerals and group III minerals will be specifically stated in this list. Therefore, it will ensure that there is no confusion between mineral groups.
Regarding the responsibility of mineral planning, the Standing Committee of the Science, Technology and Environment Committee coordinates with the drafting agency to draft this content according to 2 options.
Option 1: Assign the Ministry of Natural Resources and Environment to develop a Mineral Planning (the Government's plan to submit to the National Assembly).
Option 2: Assign the Ministry of Industry and Trade and the Ministry of Construction to develop a mineral planning plan (keeping the provisions of the current Mineral Law and Planning Law). This is the plan that the majority of opinions of the Standing Committee of the Science, Technology and Environment Committee agree with.
Explaining and accepting the regulations on the Mineral Reserves Assessment Council, Chairman Le Quang Huy said that, accepting the opinions of National Assembly deputies, the Standing Committee of the Science, Technology and Environment Committee has revised the draft Law in the direction of continuing to stipulate the National Mineral Reserves Assessment Council as in the 2010 Minerals Law.
To resolve current limitations, difficulties, and inadequacies related to mineral exploitation rights fees, the draft Law stipulates that mineral exploitation rights fees are collected annually and settled based on actual exploitation output. With this provision, mineral exploitation rights fees will not be affected by factors related to geological reserves, unexploited reserves, or inability to fully exploit during the exploitation process, or in cases where the mine cannot be put into operation for objective reasons. Accordingly, the inadequacies of the 2010 Mineral Law have been resolved, ensuring the feasibility of the policy on mineral exploitation rights fees.
Regarding the provisions on areas for auction and non-auction of mineral exploitation rights, taking into account the opinions of National Assembly deputies on narrowing the scope and subjects of areas for non-auction, the draft Law has been revised in Clause 2, Article 104. Specifically, the areas identified as areas for non-auction of mineral exploitation rights include: minerals that ensure energy security and national defense security; minerals identified to serve contractors for construction of investment projects as prescribed in Clause 2, Article 75 (to ensure the source of construction materials for the projects); mineral areas where organizations and individuals participate in geological surveys of minerals (to ensure the rights of organizations and individuals who have provided funding for the survey projects) and cases of mineral recovery according to construction investment projects (which are cases not for the purpose of mineral exploitation).
At the same time, accepting the opinions of National Assembly deputies, the draft Law has removed the provision on the non-auction area criteria at Point b, Clause 2, Article 104, which is "minerals planned as raw materials for industrial product processing projects according to mineral planning".
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