Directive No. 26/2008/CT-TTg on further strengthening state management over mineral exploitation, processing, utilization, and export activities

DIRECTIVE

Regarding the continued strengthening of state management over activities

of mineral exploration, processing, utilization, and export

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In recent times, state management over activities of mineral exploration, processing, utilization, and export has been strengthened; mining enterprises have focused on investing in exploration and processing technologies, increasing the value of minerals, meeting domestic demand and exporting; environmental protection in mining activities has been intensified. However, mineral exploration and processing activities still lack specific plans for each type of mineral, investment remains scattered; losses in mineral exploration and processing are still significant; exported minerals mainly remain in raw material form, concentrate ore, or crude ore; labor safety incidents and environmental pollution caused by mining activities, as well as illegal mining and export, have not yet been thoroughly resolved.

The situation above, partly due to the slow implementation of planning for mineral exploration, exploitation, processing, utilization, and demarcation of prohibited and temporarily prohibited mining areas. At some localities, management and protection of mineral resources are lax; inspection, supervision, and handling of violations are not carried out regularly and effectively; financial mechanisms, especially resource tax rates, are unreasonable; the number of state management officials at many localities is insufficient, with limited expertise and management capacity.

To bring about fundamental changes in state management over activities of mineral exploration, processing, utilization, and export, the Prime Minister instructs:

1. People's Committees of provinces and centrally-administered municipalities:

a) Direct the review of mineral exploration, exploitation, and processing permits issued within the authority and the issuance of documents allowing mineral recovery in defense land areas, industrial zones, economic zones, tourism projects, aquaculture projects, etc.; revoke permits, decisions, and documents issued without proper authority, procedures; clarify responsibility and handle according to the law for organizations and individuals who violate. Provincial People's Committees must complete these tasks before October 31, 2008, and submit reports on the results to the Ministry of Natural Resources and Environment for consolidation and reporting to the Prime Minister;

b) Complete the demarcation of prohibited and temporarily prohibited mining areas after obtaining written consensus from relevant ministries and sectors; develop and submit the Mineral Exploration, Exploitation, Processing, and Utilization Plan for types of minerals within their authority for approval by the People's Council at the same level in the fourth quarter of 2008;

c) Study and propose mechanisms, policies, and solutions for protecting mineral resources in a way that ties the responsibility of district and commune People's Committees to the benefits of local residents where mineral resources are located, and send them to the Ministry of Natural Resources and Environment in the fourth quarter of 2008 for consolidation and reporting to the Prime Minister;

d) Continue to strengthen environmental management in mining activities; protect social order, public safety, and labor safety in mining activities. Mining and processing projects must comply with regulations on the preparation, review, approval of environmental impact assessment reports and confirmation of environmental protection commitments; deposit environmental restoration funds; pay environmental protection fees and ensure post-extraction environmental restoration; ensure that mining and processing activities do not affect the protection of upstream forests, special-use forests, landscapes, historical and cultural sites, and residential areas, other infrastructure;

đ) Take the lead and coordinate with the Ministries of Natural Resources and Environment, Industry and Trade, Public Security (Customs General Department), Defense (Border Guard Force) to continue strengthening inspections of mineral exploration, processing, consumption, and export activities in their respective jurisdictions; focus on issues related to rational and efficient use of mineral resources and environmental protection; based on the severity of violations, resolutely handle according to their authority or recommend competent authorities to handle according to the law, including criminal prosecution, revocation, and recovery of licenses for organizations and individuals who seriously violate and reoffend;

2. The Ministry of Natural Resources and Environment:

a) Organize reviews of the contents stipulated in mineral exploitation permits, decisions on granting mining areas, and mining registration certificates issued or approved by competent state agencies before the effective date of the Minerals Law. If the aforementioned documents contain provisions that fall under prohibited cases or are inconsistent with the Minerals Law, new exploitation permits must be issued according to the law on minerals.

The review and issuance of new exploitation permits must follow a specific timeline, ensuring that it does not hinder the production of organizations and individuals currently engaged in mineral exploitation. Specifically, the review and issuance of new exploitation permits for coal in the Quang Ninh region for units under the Vietnam National Coal-Mineral Industries Group must be completed by December 31, 2008;

b) Inspect and evaluate the implementation of delegated authority to issue mineral activity permits granted to provincial-level People's Committees; identify existing shortcomings and inadequacies in the implementation of delegated authority and propose solutions to address them. The results should be reported to the Prime Minister before November 30, 2008;

c) Lead and coordinate with the Ministry of Industry and Trade and provincial-level People's Committees to inspect and handle hotspots of law violations in mineral exploration, exploitation, processing, and utilization;

3, Ministry of Industry and Trade:

a) To主持，与自然资源和环境部、公安部合作，继续加强对企业在矿产消费和出口中遵守规定的检查，特别是针对钛铁矿、铁矿石、铅锌矿、铬铁矿、金矿和钨矿等矿种；查明出口矿石的合法性及其质量；根据职权处理违规行为或建议有权限的机关依法处理；

b) 完成编制各类矿产资源勘查、开采、加工和利用规划（不包括建筑材料矿产和水泥生产原料矿产），并在2008年第四季度提交政府总理审批或由总理授权审批；

a) 主持，与自然资源和环境部、住房和建设部、财政部合作，检查并澄清已满足法律规定条件但尚未获准出口的组织和个人的矿产出口情况，并向政府总理报告以进行审议和处理；

4. 国防部主持，与自然资源和环境部、各省市政府合作，对国防土地管理区域内的采矿活动进行检查；坚决处理违反矿产法规定的采矿行为；结果须在2008年10月31日前向政府总理报告。

6. 财政部指示海关部门与自然资源和环境部、相关部委、各省市政府合作，严格检查和控制非法出口矿产的行为，并依法严肃处理。

在矿产资源已经调查、评估或储量已经批准的地区，任何单位或个人制定集中居民区或固定工程规划时，必须附上具有相应权限的国家矿产管理部门的意见书。所有未附具该意见书的规划审批申请文件均需补充并依法处理。

工信部主持，与自然资源和环境部、各省市政府合作，指导新闻媒体、广播和电视机构经常宣传矿产政策和法律，提高企业和社会公众对合理保护、开发和利用矿产资源的认识。表彰表现良好的单位和个人，揭露和批评谴责违反矿产法的行为。

本指令取代2005年4月5日政府总理发布的第10/2005/CT-TTg号关于加强矿产资源勘查、开采、加工和出口管理的指令，在《公报》发布后15天生效。政府总理要求相关部门和省市政府迅速执行本指令。在执行过程中如遇困难，应及时向政府总理报告。/