BTO-That was one of three opinions expressed to the National Assembly on the afternoon of June 28 by Delegate Nguyen Huu Thong - Deputy Head of the National Assembly Delegation of Binh Thuan province about the draft Law on Geology and Minerals.
Qualitative terms should be removed.
According to Delegate Nguyen Huu Thong, most of the provisions in Article 4 of the draft Law inherit the provisions of the current Law on Minerals, and at the same time add two new contents in Clause 4 and Clause 8, Article 4 of the draft. This shows that there is sharing and support in terms of financial resources for localities with mineral mines and harmonizing interests between the State and organizations and individuals. However, Delegate Thong raised concerns about the way these two contents are regulated. Because the provisions of these two clauses are still general, using phrases that are still qualitative, for example the phrase: "The State allocates a portion of the budget..." in Clause 4, so how much is a portion of the budget? Or the phrase regulated in Clause 8 is: "The State ensures the harmony of interests between the State, organizations, individuals and...", so how is "ensuring the harmony of interests" understood? These phrases are not appropriate. Article 4 also does not have any clause assigning the Government or relevant ministries to specify the above contents in detail, which will be very difficult to implement in practice. Therefore, it is recommended to specify the above contents to ensure practical implementation or assign the Government to specify the above contents in detail.
The authority should be delegated to local authorities to demarcate areas where mineral activities are prohibited...
Regarding the authority to approve the results of delimiting areas prohibited from mineral activities and areas temporarily prohibited from mineral activities (Clause 5, Article 29). The approval of the results of delimiting areas prohibited from mineral activities and areas temporarily prohibited from mineral activities should be delegated to the People's Council or People's Committee at the provincial level. Because in the context that we are promoting administrative procedure reform; promoting decentralization and delegation of power to localities, on the other hand, before the provincial local government approves, it has received opinions from the Ministry of Natural Resources and Environment, relevant ministries and ministerial-level agencies. In addition, if decentralization is implemented, the workload of the Prime Minister will be reduced, while enhancing the role and responsibility of the Ministry of Natural Resources and Environment and other relevant ministries and localities. Therefore, it is proposed to re-edit Clause 5, Article 29 in the direction of assigning authority to the People's Council or the People's Committee at the provincial level to approve the results of delimiting areas where mineral activities are prohibited and areas where mineral activities are temporarily prohibited after receiving opinions from the Ministry of Natural Resources and Environment and relevant ministries and branches.
Calculating mineral exploitation rights fees based on actual exploitation output is most reasonable.
Regarding the method of determining, collecting and paying fees for granting mineral exploitation rights (Article 103). According to the review report of the Committee for Science, Technology and Environment, the above content gives two opinions, agreeing on option 2, which is to propose calculating fees for granting mineral exploitation rights based on actual exploitation output because: Calculating fees based on mineral reserves as it is currently does not ensure accuracy. In reality, most enterprises currently exploit more than the licensed reserves, leading to losses in the state budget. On the other hand, there may also be risks for organizations and individuals when being inspected, checked, investigated, etc. Currently, there are cases where enterprises auction the right to exploit minerals, are licensed and pay money, but in reality, the above enterprises never exploit minerals because the land with mineral reserves put up for auction is mostly people's land. Therefore, if the winning bidder and the landowner cannot reach an agreement, the above enterprise will never be able to exploit, making it very difficult for organizations and individuals to be licensed. Therefore, the most reasonable option is to calculate the fee for granting mineral exploitation rights based on actual exploitation output.
Source: https://baobinhthuan.com.vn/tinh-tien-cap-quyen-khai-thac-khoang-san-theo-san-luong-khai-thac-thuc-te-la-hop-ly-119968.html
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