Comprehensive work session on early completion of draft amendments to some provisions of decress detailing mineral law.

01/10/2023

TN&MTOn the morning of February 16th, in Hanoi, the Vietnam Mineral Authority reported to Deputy Minister of the Ministry of Natural Resources and Environment, Tran Quy Kien, on the implementation of the draft "Decree amending and supplementing some provisions of Decrees detailing the Mineral Law."

 

Deputy Minister of the Ministry of Natural Resources and Environment, Tran Quy Kien, Delivers Directives at the Meeting

During the meeting, Mr. Nguyen Truong Giang, Director of the Vietnam Mineral Authority, stated that currently, the Vietnam Mineral Authority has directed specialized units to review each specific provision requiring amendments and supplements, and based on this, propose the specific content of each regulation. Regarding the amendments and supplements to Decree No. 51/2021/ND-CP, the Vietnam Geological Survey has proposed specific amendments and supplements.

On that basis, the Vietnam Mineral Authority has drafted the submission, draft 1 of the Decree amending and supplementing some provisions of Decrees detailing the Mineral Law, and a comparison chart of the proposed amendments and supplements.

Mr. Nguyen Truong Giang, the Director General of the Vietnam Mineral Resources Agency, delivered a report during the meeting.

According to Mr. Mai The Toan, Deputy Director of the Vietnam Mineral Authority, regarding Government Decree No. 158/2016/ND-CP detailing the implementation of some provisions of the Mineral Law, the authority clarified the concept of minerals accompanying the need to fully regulate all regulated subjects; perfected regulations on the recovery of accompanying minerals.

Furthermore, amendments and supplements were made to Articles 3 and 4, and the integration of Decision No. 04/2018/QD-TTg of the Prime Minister, regulating methods for determining the cost of evaluating mineral potential, the cost of mineral exploration to be refunded, reimbursement methods; regulations on the regime for collecting, managing, and using the cost of evaluating mineral potential, mineral exploration invested by the state.

In addition, supplementary cases for selecting organizations and individuals to grant mineral exploration licenses in areas without bidding rights for exploitation of certain specific minerals such as minerals for cement production, coal minerals, and areas identified by investors implementing projects in mineral planning or the Prime Minister's approval document, were included.

The Vietnam Mineral Authority also amended and supplemented regulations on the amount of reserves mobilized for design in Article 40; amended and supplemented regulations on the installation of weighbridges in Article 42 to ensure compatibility with the characteristics of minerals during exploitation; reviewed, repealed, amended, and supplemented regulations that are no longer suitable with the Planning Law, Environmental Protection Law; improved regulations related to procedures for licensing mineral activities.

The agency proposes to separate the regulations concerning the registration of the quantity of minerals recovered from dredging and waterway clearance projects. Additionally, they suggest amending, supplementing, and abolishing certain provisions in the Government's Decrees and the Prime Minister's Decisions related to minerals.

Meeting Overview

Regarding Government Decree No. 22/2012/ND-CP, which regulates the auction of mineral exploitation rights, the Vietnam Minerals Department proposes integrating the entire draft decree that replaces the previous Decree No. 22/2012/ND-CP into this draft decree.

The Vietnam Mineral Authority also proposed specific amendments and supplements to Government Decree No. 67/2019/ND-CP on methods for calculating the fees for granting mineral exploitation rights; Decree No. 23/2020/ND-CP on sand and gravel management in riverbeds and protection of riverbeds, shores, and beaches; Decree No. 51/2021/ND-CP on mineral management in national mineral reserve areas; and Decree No. 36/2020/ND-CP on administrative penalties in the fields of water resources and minerals.

In his closing remarks at the meeting, Deputy Minister Tran Quy Kien requested the Vietnam Mineral Authority to take the lead in completing the draft submission and draft 1 of the Decree amending and supplementing some provisions of Decrees detailing the Mineral Law, and promptly organize the drafting committee meeting and the editorial board meeting."

PV

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