According to the Ministry of Finance, the Law on Minerals does not stipulate the fee for appraisal of mine closure project, acceptance test for implementation of mine closure project. Therefore, the Ministry of Finance does not have the basis to issue regulations on fee collection.
Voters of Hanam province requested the Ministry of Finance to issue a circular guiding the level of collection of fees for appraisal of the mine closure scheme; stipulate the level of support for localities and people where minerals are available by organizations and individuals licensed to exploit minerals, as prescribed in the Law on Minerals and Decree No. 158/2016/ND-CP of the Government.
The Ministry of Finance said that on the fee for appraisal of the mine closure scheme, in the list of fees issued together with the Law on fees, the fee does not stipulate the fee for appraisal of the mine closure scheme, acceptance, and implementation of the mine closure scheme.
The Mineral Law also does not stipulate fees for appraisal of the project of mine closure and acceptance of the implementation of the mine closure scheme. Therefore, the Ministry of Finance has no basis to issue regulations on fee collection.
Regarding this content, the Ministry of Finance has issued a letter requesting the Ministry of Natural Resources and Environment to review and report to the Government to consider abolishing Clause 4, Article 45 of the Government's Decree No. 158/2016/ND-CP detailing the implementation of some articles of the Mineral Law. The Ministry of Finance shall stipulate the level of collection, management, and use of appraisal fees for the project of mine closure and acceptance of the implementation of the mine closure scheme.
Regarding the level of support for localities and people where minerals are available, the Law on Minerals stipulates: Organizations and individuals exploiting minerals are responsible for supporting the cost of investment in upgrading, maintaining, and building technical infrastructure used in mineral extraction and building welfare works for localities where minerals are mined as prescribed by law. At the same time, combining mining with the construction of technical infrastructure, environmental protection, and restoration under the mining investment project; if causing damage to technical infrastructure, works, and other property, depending on the extent of damage, they must be responsible for the repair, maintenance, new construction or compensation as prescribed by law.
In addition, organizations and individuals exploiting minerals must give priority to the use of local labor in mineral exploitation and related services; together with local authorities to ensure the job change for people whose land has been acquired for mineral exploitation.
The Law on Minerals and Decree No. 158/2016/ND-CP does 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 to exploit minerals. Therefore, the Ministry of Finance does not have the authority to determine the level of support.
Collected from the source
Minh Anh