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New rules remove many obstacles in mineral management

Mon, 02 Jan 2017 09:04:19 AM GMT + 7    Print   Email   Share:

(Chinhphu.vn) - Decree 158/2016 / ND-CP has solved a fundamental, comprehensive and quite radical shortcomings and inadequacies; remove the difficulties and problems of the localities and enterprises to implement the Law on Minerals; reorganize and create favorable conditions for mineral activities next time.

 

New decree on management of minerals will solve, solve many problems for local businesses, when implementing the Law on Minerals

With effect from the date 01/15/2017, Decree 158/2016 / ND-CP amending and supplementing the content of the composition, profile form exploration license, mining, reserves also approved minerals such as mine closure, leaving the provisions on investment certificates replaced by Decision investment policy; allows copy together with the original for comparison.

Decree also amended the content related to the order and time evaluating dossiers exploration license, records mining license clear direction, more transparent, clarify the responsibilities of agencies involved in the process of evaluation of dossiers coordination responsibilities of organizations and individuals licensed recommended when editing mineral, supplement and complete the dossier ....

Business type "irresponsible" environment

About enterprise licensing option for mineral exploration in areas not auction mining rights, to create favorable conditions for businesses to participate, should increase the competitiveness of the revised decree requires only "there the minimum charter capital must be equal to 50% of the total estimate of mineral exploration projects. "

However, the Decree has additional criteria "are organizations and individuals have been using the technology, advanced mining equipment modernization for maximum recovery of minerals; good executive responsible for environmental protection, financial obligations of minerals "to remove the business does not have enough capacity in technology, equipment, as well as no liability in environmental protection and use of information mineral economy.

Another point worth noting is the Decree 158/2016 / ND-CP adjusted to prevent businesses having deliberately delayed, incomplete records license renewal to continue the exploration, exploitation, lasts annual, or even years, which is defined as receiving dossiers were renewed mineral exploration licenses, mining permits that have expired licenses, organizations and individuals must pause exploration, exploitation until the renewal or non-renewal answer.

In the meantime, organizations and individuals responsible for the protection of property, equipment and untapped mineral exploration area / mining.

In addition, the provisions relating to the transfer of exploration / mining; Household business conditions when licensing exploration and exploitation of minerals as common construction materials; content exploration projects, mining do so common building materials business households ... have also been adapted to reality.

Additional provisions but not incurred administrative procedures

Decree 158/2016 / ND-CP was supplemented, explained 9 terminology, the concept is not well understood and agreed to the implementation of the Mineral Law and the documents guiding the last time; Additional regulations on mining CEO to guide decisions on how to determine the degree of the CEO as well as text mining, document sending notice of CEO mines for state agencies.

To solve difficulties and problems in practice, the Decree stipulates the documents to be sent to the agency related to licensing to prove equity without incurring administrative procedures.

To guide and sufficient legal basis to implement the provisions in Article 5 of the Law on Minerals, Decree 158/2016 / ND-CP was added, specifies the work items are supported for upgrading and improvement giving localities where minerals are, road districts and communes directly affected by the transport of waste rock, extraction of minerals; the welfare projects located in districts and communes where minerals are mined (schools, clinics, houses of culture, water supply systems, environmental treatment facilities).

At the same time, provides for the support of local people and where minerals have been exploited by organizations and individuals to exploit directly implemented and to inform the content and volume;plans and programs to implement the work, the work item support to communal levels; a public announcement to the residential quarters / villages / hamlets send representatives to the people monitoring the implementation.

The provisions relating to the responsibilities of local authorities; responsibilities of organizations and individuals to exploit minerals in the protection of unexploited minerals were also detailed instructions in this Decree. At the same time, to ensure consistency for the local implementation of the Decree has guided the basic content of the protection plans untapped mineral and assigned the Ministry of Finance on how the budget estimate annually for this work.

Prevent national property losses

In particular, to effectively prevent the situation causing losses to the country, to prevent falsified, dishonest reporting of exploration results in mineral exploration activities, Decree 158/2016 / ND additional CP has defined principles, bases, content supervision of mineral exploration projects.

Also, for the first time has added new decree defines the responsibilities of organizations and individuals to exploit minerals in the preparation of books and documents from the extraction process;way to declare the exploitation of minerals; responsibilities of organizations and individuals to exploit minerals, excluding business households to install weighing stations at given positions of raw minerals from mined areas; installation of surveillance cameras in the repository to store information and data relating to avoid loss of minerals, preventing misstated the actual output, causing losses to the State budget.

Environmental Protection Act 2014, Decree No. 19/2015 / ND-CP of the Government detailing a number of articles of the Law on Environmental Protection stipulates environmental protection responsibilities of organizations and individuals operating and mineral exploitation.

However, Decree 158/2016 / ND-CP was added to stricter regulations on the responsibilities of organizations and individuals to exploit in the adjustment plan for renovation and restoration of the environment in mining security ensure the feasibility, adequate funding for implementation; the evaluation and acceptance of implementation of the scheme for mine closure, renovation and restoration of the environment at the end of exploitation.

Uninstall misunderstanding of cash reserves of the mining authorization

To avoid misunderstandings, misinterpretation of mineral reserves as cash grant mining rights in many places over time, the Decree has additional guidance on mineral reserves may be put to set exploitation plan as stated in Article 52 of the Law on Minerals. At the same time stating, "cash reserves granted mining rights as mineral reserves are included in the design allow operators, defined in the investment project or technical and economic reports and are specified in the Paper mining permits. "

On the other hand, to avoid fragmentation mine, a decree, in the absence of mobilization of all reserves were approved in the areas of exploration, at least a 50% deposit to reserve (for solid minerals) and at least 35% of the total approved amount (for mineral water, hot water).

In addition, Decree 158/2016 / ND-CP also has a new addition to the provisions relating to the consultation on mineral planning; consultation and approval process area by temporarily banned mineral activities; the duration of the mining permit to solve the problems arising in the management practices of minerals over time.

We can say the only thing holding back the contents 7 of Decree 15/2012 / ND-CP and the new additional 26 articles, Decree 158/2016 / ND-CP has solved a fundamental, comprehensive and quite radical shortcomings and inadequacies; remove the difficulties and problems of the localities and enterprises when implementing the Mineral Law and Decree 15/2012 / ND-CP.

After the decree takes effect, together with the circular guiding of the Natural Resources and Environment, the Ministry concerned, would create the legal framework and more fully complete, contributing to strengthening effective governance State of minerals, reorganizing and creating favorable conditions for mineral activities next time.

TS. Lai Hong Thanh

Deputy Director General, Department of Geology and Mineral VN

According to the government report

 

  • By : Online Newspaper of the Government

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