Attending the meeting were members of the drafting committee, leaders and representatives of some units under the Ministry of Natural Resources and Environment and related ministries and branches.
Speaking at the meeting, Deputy Minister Tran Quy Kien requested the two Departments to review the articles and clauses of related laws to amend, supplement or abolish them to ensure consistency of the legal system and regulations in the transitional articles and clauses of the Law on Geology and Minerals. The Deputy Minister also requested members of the Drafting Committee and the Editorial Team for the Law on Geology and Minerals to continue sending comments to the standing agency so that the standing agency can complete the draft and send it for comments and post it on the Government's Electronic Information Portal.
Reporting at the meeting, Mr. Mai The Toan - Deputy Director of the Vietnam Minerals Department said that the draft Law consists of 12 Chapters, 136 Articles (exactly as the Outline), however, the names of some Chapters on basic geological and mineral surveys were changed; Article on the Rights of localities and communities where geological and mineral resources are exploited and the Planning for basic geological and mineral surveys...
The Law Drafting Unit requests the Drafting Committee's opinions on issues of amending and supplementing the Geological and Mineral Investigation Plan to replace the Basic Geological Investigation Plan for Minerals; planning for exploration, exploitation and use of sea sand within and outside the coastal area; adding a new Chapter on Responsibilities of the Fatherland Front, socio-political organizations, socio-political-professional organizations, socio-professional organizations and communities where there are geological and mineral resources; inspection, examination and control of geological and mineral activities.
In addition, there are issues of capacity building and transparency in controlling mineral exploitation activities; roadmap for connecting the camera surveillance system and weighing stations with the Mineral Data Center to indirectly control mineral activities; determining mineral reserves; assigning the Government to regulate the exploitation of accompanying minerals; authority to grant licenses for sand minerals from the outer border of coastal waters; small-scale exploitation (criteria) and decentralization to districts to grant small-scale licenses;
The Vietnam Minerals Department also asked for the Drafting Committee's opinions on issues of over-capacity exploitation, which are related to Article 227 of the Penal Code and administrative law; mobilized reserves for exploitation design (currently there are many different approaches); exploitation capacity (market-based approach); decentralization to localities; issues of mortgage of mineral exploitation licenses; administrative procedures (exploration licenses, exploitation licenses); mineral processing (concepts, planning, ...); information disclosure; use of land and mine waste rock for the purpose of environmental improvement and restoration and other purposes as prescribed by the Government; reimbursement of costs for mineral potential assessment and mineral exploration between organizations and individuals...
At the meeting, representatives of agencies under the Ministry of Natural Resources and Environment and other ministries and branches gave comments on each specific Chapter, Article, and Clause of the draft Law on Geology and Minerals, including many opinions on the rights of localities and communities where geological and mineral resources are exploited; the responsibility of organizations and individuals to protect minerals; the rights and obligations of organizations and individuals exploiting minerals; and the responsibility of ministries and ministerial-level agencies to protect unexploited minerals.
There are also many opinions proposing to amend the contents of basic geological surveys; investigation, delimitation, mapping of geological sites, geological heritages, positional resources; basic survey of geological and mineral resources; areas and areas of mineral exploration; authority to grant mineral exploration licenses, mineral exploitation licenses, and registration of small-scale exploitation.
In addition, there are some opinions that it is necessary to propose a Chapter on mineral processing in the draft Law; consider the close relationship between geology and minerals from the concept, scope of regulation, and policies to properly reflect the name of the Law on Geology and Minerals...
Speaking at the meeting, Deputy Minister of Natural Resources and Environment Tran Quy Kien requested the Vietnam Minerals Department and the Vietnam Geology Department to absorb the opinions of the members of the Drafting Committee to complete the draft Law, on that basis, organize meetings on the topics of rights and obligations of organizations and individuals, financial obligations, and environmental protection issues in mineral exploitation.
The Deputy Minister also requested the two Departments to fully review the contents of the draft Law on Geology and Minerals related to the laws drafted by the Ministry of Natural Resources and Environment such as the Land Law, the Water Resources Law, the Environmental Protection Law, the Hydrometeorology Law, the Law on Marine and Island Environmental Resources to resolve the problems that have been encountered in the past such as over-capacity exploitation, mineral exploitation as common construction materials for key national projects and works, etc.
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