According to the provisions of the Law on Minerals and Decree No. 158/2016/ND-CP detailing the implementation of a number of articles of the Law on Minerals, The Ministry of Finance has no basis for promulgating regulations on collection of fees for appraisal of mine closure projects and acceptance for implementation of mine closure projects; There is no authority to stipulate the level of support for localities and people where minerals are found by organizations and individuals licensed to exploit minerals.
At the First Session, the XV National Assembly, The Ministry of Finance has received a petition from the voters of Ha Nam province, sent by the People's Committee of Ha Nam province to request the Ministry of Finance to issue a Circular guiding regulations on fee rates for appraisal of mine closure projects; at the same time, promulgate regulations on support levels for localities and people where minerals are available from organizations and individuals licensed to exploit minerals as prescribed in Clause 2, Article 5 of the Law on Minerals and Clause 1, Article 16 of Decree No. 158/2016/ND-CP dated November 29, 2016 of the Government.
On September 21, 2021, the Ministry of Finance issued Dispatch No. 10902/BTC-CST responding to the recommendations of voters in Ha Nam province. Accordingly, the List of fees promulgated together with the Law on Fees does not stipulate fees for appraisal of mine closure projects, acceptance of the mine closure project.
At the same time, the Law on Minerals also does not stipulate fees for appraisal of mine closure projects, acceptance of the mine closure project.
Therefore, the Ministry of Finance has no basis for promulgating regulations on the collection of fees for appraisal of mine closure schemes and acceptance of the mine closure project.
Regarding the above content, on August 1, 2018, The Ministry of Finance has issued Dispatch No. 9186/BTC-CST requesting the Ministry of Natural Resources and Environment to review and report to the Government for consideration to annul Clause 4, Article 45 of Decree No. 158/2016/ND-CP dated November 29, 2016, of the Government's Decree detailing the implementation of a number of articles of the Mineral Law on the Ministry of Finance, stipulates the rates of collection, management and use of fees for appraisal of mine closure projects and acceptance of mine closure projects.
Regarding the proposal to promulgate regulations on the level of support for localities and people where minerals are available from organizations and individuals licensed to exploit minerals, the Ministry of Finance said, the Mineral Law and Decree No. 158/ 2016/ND-CP did not assign the Ministry of Finance to stipulate the level of support for localities and people where minerals are available from organizations and individuals licensed for mineral exploitation. Therefore, the Ministry of Finance does not have the authority to determine the level of support.
According to the Ministry of Finance, the regulation of the level of support for localities and people where minerals are located, Clause 2, Article 5 of the Law on Minerals stipulates: Organizations and individuals that exploit minerals are responsible for supporting investment costs in upgrading, maintaining and building technical infrastructure used in mineral extraction and build welfare works for the locality where minerals are mined in accordance with law;
Combine mining with the construction of technical infrastructure, environmental protection, and restoration according to investment projects on mineral exploitation; if causing damage to technical infrastructure, works, or other properties, depending on the severity of the damage, they must be responsible for the repair, maintenance, new construction or compensation in accordance with law; Prioritizing the use of local labor in mineral exploitation and related services; Together with the local government, ensure the change of occupation for people whose land is acquired for mineral exploitation.
Besides, Article 16 of Decree No. 158/2016/ND-CP also stipulates the support for localities and people where minerals are exploited according to the provisions of Clause 2, Article 5 of the Law on Minerals, directly exploited by organizations or individuals.
Accordingly, for organizations and individuals exploiting minerals to notify content and volume; plans and programs for the implementation of jobs and support work items to the People's Committees of communes; Publicly notify the residential group/village/hamlet so that the people where the mineral is located can appoint a representative to supervise the implementation process.
Collected from the source
Viet Dung
