Chương III Nghị định 158/2016/NĐ-CP: Quyền lợi của địa phương và người dân nơi có khoáng sản được khai thác; bảo vệ khoáng sản chưa khai thác

Chapter III

BENEFITS OF LOCALITIES AND INHABITANTS IN AREAS IN WHICH MINERALS ARE EXTRACTED; PROTECTION OF UNEXTRACTED MINERALS

Article 15. Benefits of localities in which minerals are extracted

1. According to annual actual revenues from mineral extraction, the People's Committee of province shall request People's Council at the same administrative level to ratify an expenditure estimate for the purpose of upgrade and renovation of work items for the locality where minerals are extracted prescribed in Clause 2 of this Article.

2. Any work item to be upgraded or renovated must meet the following conditions and criteria:

a) It is a road of district or commune directly affected by the transportation of tailings and extracted minerals;

b) It is a welfare work located in the administrative divisions of the district or commune where minerals are extracted, including: schools, health facilities, cultural houses, clean water supply system; environmental treatment works.

Article 16. Benefits of inhabitants in areas in which minerals are extracted

1. Assistance/aid provided for localities and inhabitants in areas where minerals are extracted prescribed in Clause 2 Article 5 of the Law on Mineral shall be directly taken charge by mining entities.

2. The mining entity shall notify the relevant People’s Committee of commune of content, quantity, plans of supported work items; and announce it to the neighborhood/village in order that inhabitants in the areas where minerals are located assign representatives to supervise the execution progress.

3. Expenditures on assistance/aid provided for localities and inhabitants where minerals are extracted shall be included in production costs.

Article 17. Responsibilities of People's Committees to protect unextracted minerals

1. Within the scope of its tasks and powers, a People's Committee shall:

a) Direct relevant People’s Committees of districts to make plans, assign the Service of Natural Resources and Environment to consolidate plans and make a plan for protection of unextracted minerals in the province and send it to the People’s Committee of district for approval according to the expenditure limits prescribed by the Ministry of Finance;

b) Direct People’s Committees of districts and communes; specialized agencies; cooperate with national defense and police authorities to prevent and clear mineral extraction without any license issued by a competent authority (hereinafter referred to as illegal mineral extraction) in the province;

c) Make a final report on protection of unextracted minerals in the province and include it in the annual report on state management of minerals;

d) The President of People’s Committee of province shall be held accountable to the Prime Minister upon the occurrence of illegal mineral extraction against which no action is taken or actions are not taken completely resulting in prolonged illegal mineral extraction.

2. The People's Committee of a district, town, or provincial city (hereinafter referred to as People's Committee of district) shall:

a) Take charge of propagation and initiation of the plan for protection of unextracted minerals in the district;

b) Direct relevant People's Committees of communes, wards and townships (hereinafter referred to as People's Committees of communes) to apply measures to protect unextracted minerals;

c) Carry out the clearance and prevention of illegal mineral extraction immediately upon any discovery or message of such occurrence in the district. The failure to prevent illegal mineral extraction shall be promptly reported to the People’s Committee of the province;

d) A report on protection of unextracted minerals in the district shall be sent to the People’s Committee of the province before every December 15;

dd) The President of People’s Committee of district shall be held accountable to the President of the People’s Committee of province upon the occurrence of illegal mineral extraction against which no action is taken or actions are not taken completely resulting in prolonged illegal mineral extraction.

3. The People’s Committee of commune shall:

a) Raise public awareness of law on minerals; mobilize local inhabitants not to exploit, buy, store, or transport minerals illegally, detect and denounce illegal mining entity; and implement the plan for unextracted minerals in the commune;

b) Detect and adopt solutions for prevention of illegal mineral extraction immediately upon discovery; request the People’s Committee of province or district to direct clearance of such illegal mineral extraction in the cases ultra vires;

c) Send biannual reports on protection of unextracted minerals in the commune to the People’s Committee of district.

Article 18. Main contents of plan for protection of unextracted minerals

A plan for protection of unextracted minerals prescribed in Point a, Clause 1, Article 17 of this Decree shall at least contain:

1. Reality of state management of minerals and mineral activities, including the protection of unextracted minerals in the administrative division at the time of making plan; shortcomings, limitations and reasons.

2. Statistics on quantity, area, co-ordinates of areas of operating mineral exploration, extraction of entities issued with licenses by competent authorities; closed mining areas, mine closure for protection purpose; waste dump of mines subject to closure decision.

Boundaries and areas of minerals that have been investigated and evaluated; national minerals reserves needs to be protected; prohibited areas of mineral activities, temporarily prohibited areas of mineral activities that are approved; areas of dispersed and small-scale minerals that are zoned and announced.

3. Update of information about planning for exploration, extraction, and use of minerals of the province that is amended; information about national planning for minerals that has been approved up to the time of making plan.

4. Regulations on responsibility of the Service of Natural Resources and Environment, the Service of Industry and Trade, the Service of Construction, the Service of Agriculture and Rural development, the Service of Transport, the Service of Culture, Sports and Tourism; military and police authorities in protection of unextracted minerals; the news agencies, press agencies, local television in posting information about state management of minerals and illegal extraction.

5. Regulations on responsibility of People’s Committees of districts and communes; actions against groups or individuals being heads of local government of districts or communes responsible for reoccurrence or prolonged occurrence of illegal mineral extraction, sale, and transportation in the administrative divisions without complete clearance; responsibility of heads of villages for prompt notification of occurrence of illegal mineral extraction in the administrative divisions to the local government of commune/district.

6. Regulations on responsibilities for cooperation between relevant Services and agencies; local government of districts/communes in providing and handling of information and clear illegal mineral extraction; responsibility of agencies receiving information; and processing mechanism of received information.

7. Plans and solutions for implementation; expenditure estimates.

Article 19. Requests for consultation with mineral authorities before submitting planning for socio-economic development for approval

Requests for consultation in writing with mineral authorities before submitting the planning prescribed in Clause 3 Article 17 of the Law on Mineral shall be made as follows:

1. An agency in charge of planning making shall send a request for consultation to the Ministry of Natural Resources and Environment, together with a description of planning and master drawing of the planning.

2. Within 20 days, from the date on which the request for consultation is received, the Ministry of Natural Resources and Environment shall take charge and cooperate with the People's Committee of province where the planning is made and relevant agencies in inspection and send back a written reply which specify the extent of mineral investigation and evaluation; the presence or absence of minerals; planning for exploration, extraction, and use of minerals that are approved in the planned area.

Article 20. Responsibility for protection of unextracted minerals of licensed mining entities

1. With a view to protect unextracted minerals and conduct mineral exploration and extraction in the licensed areas, the licensed mining entities shall demarcate corner points in the exploration and mining areas according to the co-ordinates specified in the mineral exploration license or mining license.

2. Demarcation of corner points in mineral operation areas:

a) According to demarcation of administrative division of communes with respect to solid mineral exploration and extraction,

b) With respect to extraction of sand, gravels in river bed, estuary, estuary, the demarcation shall be conducted in accordance with law on inland waterways or maritime. In case of failure to comply with afore-mentioned regulations the demarcation shall be conducted on river bank as prescribed in Point a of this Clause.

3. Upon the completion of demarcation prescribed in Clause 2 of this Article, the licensed mining entity shall send a notification to Service of Natural Resources and Environment; Service of Natural Resources and Environment shall take charge and cooperate with the People’s Committee of district or commune where the mineral is extracted in the handover of boundary markers on site. In case of mineral extraction subject to a license issued by the Ministry of Natural Resources and Environment, the presence of a representative of General Department of Geology and Minerals of Vietnam is required.

4. The licensed mining entity shall prevent illegal mineral extraction from happening in the licensed mining areas. Any occurrence of illegal mineral extraction outside the boundaries of licensed mining areas shall be reported to the People’s Committee of district or commune for handling.

5. The licensed mining entity must store and protect the mineral that has been extracted but not used, minerals in waste dump or minerals accompanied that have not recovered during the extraction process.

6. Before extracting minerals accompanied prescribed in Clause 2 Article 2 of this Decree, the mining entity must send a notification to the receiving authority prescribed in Clause 1, Clause 3 Article 47 of this Decree. Within 15 working days, the receiving authority must complete the verification visits on site, verification of relevant documents and request the authority competent to issue mining license to decide the extraction of minerals accompanied to enable the licensed mining entity to fulfill other obligations as prescribed.

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