07:44 | 23/07/2024

Draft Law on Minerals (amended) to be proposed by the end of 2023? Strictly handle speculation, hoarding, and price inflation of minerals causing damage to the State and the people?

Hello Lawnet,I have learned that the Government of Vietnam has recently issued Resolution 88 regarding mineral activities and mining. Could you please tell me when the new Minerals Law will be enacted according to this Resolution?Thank you!

Completing the Draft Mineral Law to present to the Government of Vietnam by the end of 2023?

Based on Subsection 1, Section II of the Program issued with Resolution 88/NQ-CP in 2022, the tasks related to the completion of the legal system, mechanisms, and policies on geology, minerals, and the mining industry are stated as follows:

- Complete the proposal dossier for the construction of the Mineral Law (amended) Project to present to the Government of Vietnam in July 2022.

Summarize and fully evaluate the results after 10 years of implementing the 2010 Mineral Law; fully institutionalize new policies regarding basic geological surveys and geological resources; revise and supplement to improve the content of policies in the field of minerals and the mining industry according to Resolution No. 10-NQ/TW, with the proposal to construct a draft of the amended Mineral Law to replace the 2010 Mineral Law.

- After the proposal dossier for constructing the amended Mineral Law is passed by the XV National Assembly, complete the construction of the Draft Law to present to the XV National Assembly at the year-end 2023 session.

- Complete the legal normative documents guiding the implementation immediately after the amended Mineral Law is issued in 2024.

- Review and adjust the resource tax rates for certain minerals to encourage investment in advanced and modern technologies for mining and processing mineral deposits with complex geological conditions, low-grade ores, and poor infrastructure.

- Improve policies to encourage cooperation and foreign investment using advanced and modern technologies in mining and mineral processing.

- Improve policies to attract, train, and develop human resources, a high-skilled workforce, and skilled workers in the fields of geology and minerals. Construct remuneration policies for officials and public employees and workers in the geology and mineral sectors.

By July 2022, the proposal dossier for constructing the amended Mineral Law must be completed to present to the Government of Vietnam. For the legal normative documents guiding the implementation once the amended Mineral Law comes into effect, these must be completed in 2024.

Will there be an amended Mineral Law project in July 2022? It is necessary to strictly handle cases of speculation, hoarding, and raising mineral prices causing damage to the State and people.

Will there be a Draft Mineral Law (amended) by the end of 2023? Strictly handle speculation, hoarding, and raising mineral prices causing damage to the State and people?

Complete statistics and inventory assessment of mineral resource status before 2025?

Based on Subsection 1, Section II of the Program issued with Resolution 88/NQ-CP in 2022, which has set tasks to enhance the effectiveness and efficiency of state management regarding geological resources, minerals, and the mining industry as follows:

- In 2022, complete the tasks of formulating and submitting to the Prime Minister of the Government of Vietnam for approval:

+ The strategy for geology, minerals, and the mining industry by 2030, with a vision to 2045.

+ The basic geological survey plan for minerals for the period 2021 - 2030, with a vision to 2050.

+ The plan for exploration, mining, processing, and utilization of various types of minerals for the period 2021 - 2030, with a vision to 2050.

+ The plan for exploration, mining, processing, and utilization of minerals as building materials for the period 2021 - 2030, with a vision to 2050.

+ The national energy planning for the period 2021 - 2030, with a vision to 2050.

- Conduct statistics and inventory assessment of mineral resource status to quantify and fully account for the value of mineral resources in the economy. Complete before 2025.

Accordingly, in 2022, the formulation and submission to the Prime Minister of the Government of Vietnam for approval of the above-mentioned strategies and plans must be completed.

Additionally, statistics and inventory assessments of mineral resources must be conducted and completed before 2025.

Strictly handling cases of mineral speculation causing damage to the State and people?

Based on Subsection 2, Section II of the Program issued with Resolution 88/NQ-CP in 2022 which has set solutions for implementing the geology, minerals, and mining industry strategy by 2030, with a vision to 2045 as follows:

- Enhance the leadership and direction capabilities of state management work on geology and minerals; efficiently manage and use geological and mineral resources; protect the environment, ecology, and labor safety in mining activities.

Proactively prevent, resolutely combat, and strictly handle violations of geology and mineral laws.

- Strengthen inspection, supervision, and review responsibility for organizations and individuals found violating the management, use of minerals, and related geological and mineral activities. Revoke mining licenses and strictly handle violations by organizations and individuals exploiting minerals, especially those exploiting to speculate, hoard, and raise prices, causing damage to the State's and people's interests.

- Promote the application of information technology in geological and mineral surveys; build a unified national geological and mineral database from central to local levels, ensuring progress on the digital transformation of the geology and mineral sector as approved by the Government of Vietnam.

- Enhance cooperation and exchange international experiences in researching and investigating deep-hidden minerals; build geological, mineral, and subsurface space databases; manage mineral resources; survey caves and geological heritage; restore the environment after mining.

- Prioritize state budget allocation combined with mobilizing and efficiently using societal resources for basic geological and mineral surveys in accordance with the plan to provide sufficient geological information and data for national defense, security, transportation, construction, industry, and agriculture.

- Annually, localities should plan to allocate funding in their local budget estimates to protect unmined minerals.

- Review and propose to adjust mining outputs of certain types of minerals in accordance with the economic and social development situation in each period following the Planning Law, prioritizing domestic needs.

To implement the geology, minerals, and mining industry strategy by 2030, with a vision to 2045, the above-mentioned solutions must be implemented.

In particular, it is necessary to strictly handle organizations and individuals involved in mineral speculation, hoarding, and price increases that cause damage to the State and people.

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