Scheme on strengthening the State management of mineral resources in Thai Nguyen province in a period of 2021 - 2025
Thursday, January 27,2022AsemconnectVietnam - Continue to strengthen effectiveness and efficiency of the State management of mineral resources in order to manage exploitation and use of minerals with socio-economic efficiency, associated with environmental protection. Concretize provisions of law on minerals, help branches and levels to identify and coordinate effectively to better perform their functions, tasks and powers in the State management of natural mineral resources in the province.
I. Objectives
1. Overall objectives
Continue to strengthen effectiveness and efficiency of the State management of mineral resources in order to manage exploitation and use of minerals with socio-economic efficiency, associated with environmental protection. Concretize provisions of law on minerals, help branches and levels to identify and coordinate effectively to better perform their functions, tasks and powers in the State management of natural mineral resources in the province.
2. Specific objectives to 2025
2.1. Improve the effectiveness and efficiency of state management in the mineral sector in the province
- Implement well the integration of mineral planning into the provincial plan, ensuring 100% of minerals in the province are integrated in the Thai Nguyen provincial plan;
- 100% of mines are licensed in accordance with the planning; the granting of permits for exploration and mining of minerals according to its competence and in accordance with the order prescribed by law;
- 100% of mines must complete the appraisal of mining design before going into operation.
2.2. Improving socio-economic efficiency, associated with environmental protection, increasing revenue for the state budget from mineral activities
- 100% of mines subject to auction may hold an auction of mineral mining rights to select investors in accordance with law;
- 100% of the mines under the authority of the Provincial People's Committee are determined and approved for the cost of assessment of mineral potential, and the cost of mineral exploration must be reimbursed;
- 100% of mines operate in accordance with the mine design that has been appraised and approved;
- 100% of mines have completed environmental protection works before going into operation;
- 100% of enterprises must fulfill financial obligations for licensed mines within the term.
2.3. Timely prevention of illegal mining, storage, transportation and consumption of minerals in the province
- 100% of cases of illegal mining, transportation, storage and consumption of minerals and acts of commercial fraud when detected are handled in accordance with law;
- Enhancing the roles and responsibilities of the Party committees, local authorities, organizations and individuals exploiting minerals and the population community in the management and protection of mineral resources.
II. Tasks, implementation solutions
1. Timely promulgate documents within its competence in the state management of mineral resources
Review, promptly develop and promulgate legal documents within their competence, to concretize and organize the implementation of the provisions of the Mineral Law and guiding documents in the direction of improvement of administrative way, ensuring compliance with the provisions of the law on minerals and the actual situation of the province. Review regulations that are inadequate, unsuitable to reality, causing difficulties in management, and propose competent authorities to amend and supplement according to regulations.
2. Strengthening the propaganda, popularizing, raising awareness and knowledge of the law on minerals and related legal regulations
- Continue to strengthen propaganda and dissemination of policies and regulations on minerals to all walks of life with appropriate forms and methods to raise awareness and sense of responsibility of heads at all levels, industry and organizations and individuals' awareness of complying with the law on minerals.
- Organize training courses, provide professional guidance on mineral management, and handle administrative violations in the mineral sector for officials and civil servants under the People's Committees of districts and communes and specialized forces to improve the quality of high knowledge services and sense of responsibility in the management and protection of minerals in the locality; thereby effectively implementing the management and protection of mineral resources according to its competence and provisions of law.
- Coordinate with the Fatherland Front Committee and political organizations at all levels to organize propaganda activities to raise the awareness of all classes of people in the management and protection of mineral resources. Promote propaganda of policies and regulations on mineral management on the Natural Resources and Environment Section of Provincial Radio and Television Station and Thai Nguyen Newspaper.
- Promptly guide investors after being granted mining licenses to well implement legal regulations to soon put the mines into operation: prepare and appraise mining designs, appoint a managing director of mining operations; basic construction of mines,...
3. Continue to promote administrative procedure reform
- Implement well the control of administrative procedures, promptly review, update, amend and supplement administrative procedures in the mineral sector, ensuring to shorten the implementation time and simplify the process. , creating favorable conditions for businesses to carry out administrative procedures according to regulations.
- Continue to develop, promulgate and standardize the internal process of handling administrative procedures for minerals in the direction of electronicization, update the electronic process for administrative procedures to operate on the One Window System, electronic and national public service portal.
- Effectively applying information technology in management; at the same time, regularly update the specialized database on geology and minerals to serve the digital transformation tasks of the industry and build e-Government and e-Government.
- Organizing training, disseminating and guiding the implementation of administrative procedures on minerals and related procedures when granting investment licenses to enterprises; publicize the process of guiding the overall administrative procedures for licensing mineral activities on the mass media.
- Periodically organize dialogue conferences to solve and remove difficulties and obstacles for mineral enterprises in the implementation of the provisions of the law on minerals.
4. Improve the quality of planning, organize the effective implementation of master plans on mineral resources
- Reviewing and determining mineral needs, adjusting and supplementing mineral mines integrated into the master plan of Thai Nguyen province as a basis for the management and licensing of mineral activities according to regulations. Improve the quality of planning contents on minerals, ensuring conformity with the mineral planning of the whole country.
- Carry out the appraisal of mineral licensing dossiers to ensure strict, correct sequence and approved planning, especially in the licensing of mineral activities, so mining should be associated with mineral processing and use products to make metal products, alloys or other products with socio-economic value and efficiency.
- Publicize the plans on exploration, exploitation, processing and use of minerals in the province; areas subject to national mineral resource reserves; approved prohibited and temporarily prohibited areas for mineral activities.
- Publicly post the approved plans on the website of the Provincial People's Committee and the mass media.
5. Improve the quality of the appraisal of documents, ensure the licensing advice in accordance with the provisions of the law and the policy of the province
Improve the quality of the appraisal of dossiers of application for a mineral license right from the stage of receiving dossiers, setting up an appraisal council (the council must have sufficient professional and professional capacity) to organizing expertise. Especially considering the suitability and transparency of investment; economic efficiency, feasibility, production technology, mining technology; the project owner's financial capacity and investment experience in the project area; actual conditions of the project implementation area; environmental protection measures of the project; the project owner's awareness of complying with the law on minerals.
6. Improve socio-economic efficiency of mining, processing and use of minerals in association with environmental protection
- To require and compel organizations and individuals to perform mineral extraction in accordance with the mine design that has been appraised and approved. Properly and fully fulfill financial obligations for licensed mines within the term, such as: Fully paying the environmental protection fee according to the production output, the fee for the grant of mineral exploitation rights and the deposit for environmental maintainance recovery in mineral extraction, periodic pollution control and full implementation of committed environmental protection measures. Properly and fully fulfill the financial obligations for the licensed mines within the term.
- Using mineral resources rationally and economically, ensuring sustainability and long-term, minimizing to the maximum extent the negative impacts of mineral activities on the natural environment and social environment. Encourage organizations and individuals to innovate technology, apply advanced technology in mining, processing and using minerals to save natural resources, increase the value of minerals, minimize negative impacts, extreme to the environment. Formulate policies on tax exemption and reduction, land use levy, credit incentives, etc. for organizations and individuals to innovate technology in mining and processing minerals.
- To step up the exploration and expansion of mines, and to conduct basic surveys on mineral geology: Encourage enterprises that have been granted mines to invest in expanded exploration (the surrounding areas and deep down) to orient for the future long-term investment in exploitation to supply raw materials for factories in the province. Attracting capital sources of enterprises for basic geological investigation of minerals, searching and discovering new mines at depth in order to fully and comprehensively assess the potential of minerals in the province. .
- Strengthen the organization of auction of mineral rights (according to the annual auction plan approved by the Provincial People's Committee) in the following forms: Auction by direct, indirect, online voting...
- Performing well the tasks and solutions in the "Project on strengthening state management, combating tax loss in the field of mineral resources and land in Thai Nguyen province"; which focuses on strengthening the management of mining output, combating tax loss, and increasing revenue for the state budget from mineral activities.
- Protecting the interests of people where minerals are mined and processed:
+ Organizations and individuals exploiting minerals must have plans and plans to support funding for investment in upgrading, maintaining and building technical infrastructures used in mineral extraction and construction of welfare works for the locality where minerals are mined;
+ Combine mining with construction of technical infrastructure, environmental protection and restoration according to mineral mining investment projects; prioritize the use of local labor, together with the local government ensure the job change for people whose land is acquired for mineral exploitation. In which, special attention is paid to localities and people in deep-lying, remote and extremely difficult areas;
+ To regulate revenues from mineral extraction activities to support socio-economic development for localities where minerals are mined according to the law on state budget.
7. Strengthening the inspection and inspection of the observance of the law on minerals
- Directing all levels and sectors to coordinate with the Provincial Inspectorate to develop interdisciplinary and specialized inspection and inspection plans focusing on the following content: state management of minerals by departments, branches and People's Committees of all levels. district, commune-level People's Committee, especially the responsibility to protect unexploited minerals and the implementation of commitments; the observance of the instructions of the mining license and the provisions of the law on minerals by the mining enterprises; timely settlement of letters, complaints and denunciations about mineral resources; strengthen inspection of compliance with mine design, mining capacity and financial obligations for licensed mines within the term.
- Carry out post-inspection work for organizations and individuals after issuing mining licenses. Strictly handle illegal acts of organizations and individuals according to regulations.
8. Prevent illegal mining, storage, transportation and consumption of minerals in the province
- To strengthen the Mineral Management Steering Committee of the province and districts with a lot of minerals (collectively referred to as the Steering Committee); amending and supplementing the operating regulations of the Steering Committee, assigning responsibilities to each member of the Steering Committee; develop the annual work plan of the Steering Committee. The standing agency of the Steering Committee is the Department of Natural Resources and Environment. In districts, cities and towns with few minerals, establish (or strengthen) an interdisciplinary working group on mineral management.
- Well implement the Regulation on coordination in the management and protection of unexploited minerals in the bordering areas between Thai Nguyen province and the provinces: Tuyen Quang, Bac Kan, Lang Son, Bac Giang, Vinh Phuc and Hanoi City.
- Strictly implement the tasks and solutions in the Plan to protect unexploited minerals in the province that have been issued by the Provincial People's Committee in Decision No. 2323/QD-UBND dated August 6, 2018. Every year, the People's Committees at all levels plan to allocate enough funds to ensure the protection of unexploited minerals, including activities of the Steering Committee, the inter-sectoral inspection team and the working group at all levels.
- Strengthen the activities of the provincial and district-level interdisciplinary inspection and control teams on minerals: Develop and organize the implementation of the inter-sectoral inspection plan. Strengthening irregular inspection activities in areas where illegal mining often occurs (especially mining and leveling activities are quite common); through inspection results, strictly handle violations of the law by organizations and individuals according to regulations.
- Strictly implement the responsibilities of commune-level authorities in the management and protection of unexploited minerals: Commune-level People's Committees are responsible for organizing the protection of unexploited minerals in the area; take measures to detect, handle and stop illegal mineral activities from the moment they occur; expel from the area the subjects of illegal mineral extraction who are not local people; ensure security, social order and safety in mineral areas.
- Establishing an interdisciplinary inspection team on minerals in communes with a lot of minerals; develop working regulations, clearly define the responsibilities of each member. When there are illegal mineral activities, it is necessary to mobilize the whole political system to propagate and educate cadres, party members and people not to participate in illegal mining, purchasing, storing and transporting minerals.
- Well implement the reporting and information supply regime: When illegal mineral mining activities occur, the Commune People's Committee proactively and promptly organizes prevention and clearance and reports to the District People's Committee; District People's Committee reports to Provincial Mineral Management Steering Committee (through the Department of Natural Resources and Environment - Standing body of the Steering Committee).
- Strictly handle violations of organizations and individuals, especially the head if there is illegal mining, storage, transportation and consumption of minerals.
- Organize the signing of commitments on responsibility in mineral management in the area between the Chairman of the District People's Committee and the Chairman of the Provincial People's Committee; between the Chairman of the Commune People's Committee and the Chairman of the District People's Committee; between the head of the hamlet and the chairman of the commune-level People's Committee. Annually organize a review to review responsibilities according to the signed contents.
III. Implementation responsibility
1. Department of Natural Resources and Environment
- As a standing agency, responsible for presiding over and coordinating with relevant departments, branches, People's Committees of districts, cities and towns in the implementation of the Scheme; summarize and report to the Provincial People's Committee on the results of the implementation of the Scheme of the branches and levels (before December 25 every year) and make ad-hoc reports at the request of the Provincial People's Committee; propose the Provincial People's Committee to adjust and supplement specific solutions to solve difficulties and problems during the implementation of the Scheme; advise, evaluate, and draw lessons from the project implementation results.
- To assume the prime responsibility for, and coordinate with relevant departments and branches in, advising the Provincial People's Committee, to implement the provisions of the law on minerals; promulgate legal documents, directing and management documents in the field of minerals; to delineate and submit to the Prime Minister for approval an area where mining activities are prohibited, and areas temporarily banned from mining sand and gravel in the riverbed in Thai Nguyen province; consolidating the Mineral Resource Management Steering Committee and the Mineral Evaluation Council; organize the appraisal and approval of mineral reserves and recognition of mineral resources under its competence; determine the amount of money for granting the right to exploit minerals that must be paid to the State by organizations and individuals granted mineral mining licenses; decide the area not to auction mineral mining rights; approve the auction plan and organize the auction of mineral mining rights in the locality according to regulations; To decide on the conversion rate from the quantity of finished minerals to the quantity of primary minerals as a basis for calculating the environmental protection fee for each type of mineral; inspect, examine and handle violations in mineral activities and state management of mineral resources in localities in the province; professional training for staff of the Division of Natural Resources and Environment at district and commune levels in the province; inspect, review and advise the Provincial People's Committee to report to the Ministry of Natural Resources and Environment to delineate and announce areas with scattered and small minerals, for areas that meet the criteria as prescribed.
- Assume the prime responsibility for, and coordinate with relevant departments, branches, and district-level People's Committees to strengthen inspection and examination, and resolutely handle violations by organizations and individuals according to regulations, especially against violations committed by organizations and individuals acts of improperly performing the contents of the mining license. Advise the Provincial People's Committee to resolutely suspend or revoke the mining license for areas where mining is inefficient, causes serious environmental pollution, is slow to perform or does not fully perform the obligations in mineral exploitation according to regulations; urge mining enterprises to urgently close mines for expired mineral mining licenses. Coordinate and urge the fulfillment of payment obligations for mineral exploitation rights and financial obligations.
- To assume the prime responsibility for, and coordinate with relevant agencies in, strengthening the inspection of the responsibilities of heads of relevant state management agencies and heads of local governments at all levels for the occurrence of mineral mining activities, illegal property, especially sand, gravel and land leveling activities.
- Directing the Provincial Minerals Inter-sectoral Inspection Team to speed up the inspection, control, detection and timely advise the Provincial People's Committee on measures to prevent and handle exploration, mining, processing activities of illegally transporting and consuming minerals in the province. Inspect the observance of the law on minerals in the locality, strictly handle cases of violations of the law on minerals, environment and land related to mineral activities, cases of taking advantage of ground leveling, dredging to clear the flow for illegal mineral extraction.
- Defining boundaries and planting boundary markers in the field of mineral mining areas; announce banned or temporarily banned areas for mineral activities for the people to know, manage and supervise.
- Implement the construction of a database on geology and minerals, promote the application of information technology in management, meet the requirements of the digital transformation tasks of the industry and build e-Government and Government.
- Implement legal regulations according to assigned functions and tasks.
2. Department of Industry and Trade
- Perform the function of state management over the mining and mineral processing industry (except minerals used as building materials) in accordance with the law.
- To assume the prime responsibility for, and coordinate with relevant departments, branches, units and district-level People's Committees in reviewing the mineral planning (except for minerals used as common building materials) under the authority of the Provincial People's Committee to integrate into the master plan, provincial plan in accordance with the law on plan.
- Improve the quality of basic design appraisal of mine construction investment projects, mine design (except for mineral mines used as common building materials). Resolutely suspend mines that do not conform to mine designs, mines that do not have mine designs according to regulations; suspend blasting, revoke the license to use industrial explosives for mineral mines that do not ensure safety according to regulations. Strengthen inspection of the observance of mining in accordance with the mine design (except for mines used for construction materials) which have been appraised and approved according to regulations.
- To inspect, examine and handle violations in the implementation of mine design, management and use of industrial explosives by mining enterprises. Assume the prime responsibility for, and coordinate with concerned departments and branches in, inspecting and handling according to regulations for processing establishments using minerals of non-lawful origin; mineral processing facilities have outdated technology, causing serious environmental pollution.
- Assume the prime responsibility for, and coordinate with relevant departments, branches and units in organizing the inspection and supervision of mineral exportation (originating at mines in Thai Nguyen province) licensed by the Ministry of Industry and Trade; synthesize periodic and irregular reports on mineral export data under the direction of competent state agencies.
- Coordinating with the Department of Natural Resources and Environment in advising and proposing the Provincial People's Committee: To delineate areas where mineral activities are banned or temporarily banned; appraisal of reserves, recognition of mineral resources under its competence; determine the amount of money for granting the right to exploit minerals that must be paid to the State by organizations and individuals granted mineral mining licenses; organize auctions of mining rights; inspect mineral activities and state management of mineral resources in localities in the province.
3. Department of Construction
- Perform the function of state management of construction materials in the province according to the provisions of law.
- To assume the prime responsibility for, and coordinate with relevant departments, branches, units and district-level People's Committees in reviewing mineral planning (for mineral mines used as building materials) under the authority of the provincial People's Committee to integrate into provincial planning in accordance with the law on planning.
- Strengthen the management of the exploitation, processing and use of minerals as building materials and raw materials for cement production according to the designs that have been appraised and approved; ensure that the exploitation and processing of minerals as building materials must be associated with environmental protection, landscape and labor safety. Improve the quality of appraisal of basic designs of investment projects on construction of mines and mine designs (for mineral deposits used as construction materials). Inspect, examine and handle violations in the implementation of the mine design that has been appraised and approved according to regulations. Strengthen inspection of the observance of mining in accordance with the mine design (for mineral deposits used as construction materials) which has been appraised and approved according to regulations.
- Lead and coordinate with relevant departments, branches and district-level People's Committees to inspect and review tunnel brick factories operating in the province. Resolutely handle and suspend operation of tunnel brick factories that have not been licensed for brick and tile mines or have no legal source of clay brick and tile materials; do not supplement the planning for brick factories when there is no legal source of clay brick and tile raw materials according to regulations.
- Coordinating with the Department of Natural Resources and Environment in advising the Provincial People's Committee: Defining areas where mineral activities are banned or temporarily banned; appraisal of reserves, recognition of mineral resources under its competence; determine the amount of money for granting the right to exploit minerals that must be paid to the State by organizations and individuals granted mineral mining licenses; organize auctions of mining rights; inspect mineral activities and state management of mineral resources in localities in the province.
4. Department of Planning and Investment
- Assume the prime responsibility for, and coordinate with relevant departments, branches and district-level People's Committees in the granting and adjustment of the Certificate of Business Registration and the Certificate of Investment Registration; appraise and submit to the Provincial People's Committee for approval the investment policy of projects related to mineral activities for enterprises according to the provisions of law.
- Advise the Provincial People's Committee to revoke the Investment Certificate or the Decision/approval of investment policy for projects that violate the law in exploration, exploitation, processing, use and export activities, minerals or fail to fulfill financial obligations in mineral extraction as prescribed. Do not advise and approve investment projects that do not conform to planning, outdated technology with high risk of pollution or do not ensure an environmental safety distance.
5. Department of Finance
- To assume the prime responsibility for, and coordinate with relevant departments and agencies in, strengthening the inspection and examination of the observance of the law on finance and accounting by enterprises operating in the mineral sector, including the observance of the law on finance and accounting on natural resources tax, environmental protection fee, mineral mining rights grant, and other financial obligations. Ensure the budget balance according to regulations for the management of mineral resources and the tasks under the Scheme.
- Actively advise the Provincial People's Committee to adjust the minimum price list for calculating natural resource tax and environmental protection fee in the province accordingly.
- Guide and inspect the district-level People's Committees in the management and use of environmental protection fees for the right purposes and effectively to restore the environment, invest in construction, repair, upgrade and renovate the transportation system, communication, infrastructure in the locality where directly affected by mineral activities.
6. Department of Agriculture and Rural Development
- Take the prime responsibility for, and coordinate with relevant departments and branches in, inspecting, examining and handling mineral activities that violate agricultural land, forestry land, irrigation works, dikes, embankments, bridges and culverts; administrative violations in the field of forest management and protection, forest product management and other violations under the provisions of the Law on Forestry.
- Coordinating with the Department of Natural Resources and Environment in delineating areas where mineral activities are prohibited or temporarily banned.
7. Department of Labor, War Invalids and Social Affairs
Assume the prime responsibility for, and coordinate with relevant departments, branches and local authorities in strengthening guidance, examination and inspection of the observance of legal provisions of the Labor Code, the Law on Occupational Safety and Health, Law on Social Insurance... Inspecting occupational safety and health and implementing regimes and policies for employees of organizations and individuals exploiting minerals.
8. Department of Transport
- Assume the prime responsibility for, and coordinate with relevant departments and branches in, advising the Provincial People's Committee in determining the scope, scale and boundaries of areas within the scope of safety protection of the channel, works on the river under its management. physical; approve, inspect and examine projects on dredging and clearing inland waterways within its competence; resolutely suspend projects that take advantage of dredging to clear the flow for illegal sand and gravel exploitation, and construction that do not conform to design standards and prescribed time.
- Strengthening the inspection, control and handling of organizations, individuals, and owners of mining and transporting vehicles that violate regulations on traffic safety in the province.
9. Department of Science and Technology
To assume the prime responsibility for, and coordinate with relevant departments and branches in, advising and proposing research topics and projects and transferring advanced science and technology in mining, processing and using minerals. Organize the appraisal or comment on technology for investment projects using technology in mining, processing and using minerals as prescribed.
10. Department of Justice
- Presiding over and coordinating with departments, branches and district-level People's Committees to perform the task of self-inspection and inspection according to their competence legal documents and documents containing legal regulations on minerals approved by the People's Council. , Provincial and district People's Committees promulgate to advise and recommend competent agencies to amend, supplement, cancel, abolish or issue new documents to replace them accordingly; guide and direct the construction of legal bookcases of the People's Committees of districts and communes with contents of legal documents on minerals.
- Coordinating in organizing the auction of mineral mining rights.
11. Provincial Police
- Take the lead in investigating and dismantling lines, organizations and individuals illegally exploiting, purchasing, transporting and trading minerals. Coordinate with Department of Natural Resources and Environment in inspecting, controlling, clearing and preventing illegal mining of minerals. Directing local police to coordinate with authorities at all levels and relevant functional agencies to effectively prevent and strictly handle according to regulations for violations of mineral exploitation, causing environmental pollution. school; transporting, gathering, trading and using minerals without legal origin, especially for leveling land, sand, riverbed gravel, coal, titanium,...; acts of smuggling, commercial fraud, illegal import and export of minerals.
- Strengthen coordination with functional agencies to grasp the situation and exchange information, in order to promptly detect, prevent, and strictly handle acts of exploitation, trading, transportation, stockpiling and consumption, illegal use of minerals. Timely verify, investigate and strictly handle cases of tax evasion with respect to the exploitation and transportation of mineral resources with signs of criminal law violations proposed by the tax authorities and relevant agencies; promptly transfer dossiers and cases through investigation and verification of tax violations but not to the extent of having to be examined for penal liability for tax authorities to handle arrears and impose penalties for administrative violations according to regulations.
- Coordinating with the Provincial Tax Department and the People's Committee of the district in exchanging information, verifying and promptly handling cases of tax evasion and tax fraud; supporting the investigation and verification process for tax recovery for business enterprises that deliberately owe taxes, fees and mineral mining rights fees; strictly handle acts of buying and selling illegal invoices to legalize illegally exploited minerals.
12. Provincial Military Command
Coordinating with departments and branches in formulating planning for exploration, exploitation, processing and use of minerals in association with ensuring national defense and security; To delineate restricted areas and temporarily ban mineral activities.
13. Tax Department calculates
- Assume the prime responsibility for, and coordinate with relevant departments, branches and units in reviewing, examining and evaluating the observance of financial obligations of organizations and individuals that have been licensed to exploit minerals in the locality; to urge the settlement of outstanding tax, fee, mineral mining rights and other financial obligations of mining enterprises in the province according to their competence.
- Take charge of reviewing and checking the completeness and correctness of tax declaration dossiers according to the provisions of the law on tax administration so that minerals, when declaring and paying tax, must have legal origin (granted a license) to exploit or to be permitted by a competent authority to exploit); develop plans, organize the inspection, examination and supervision of the observance of the obligation to declare and pay taxes, fees and charges for the grant of mineral exploitation rights by organizations and individuals exploiting minerals in the province; strictly handle acts of fraud and evasion of tax and fee obligations in mineral mining activities. Strengthen inspection of the management and use of invoices for the purchase and sale of mineral resources, prevent the act of buying and selling invoices, and legalizing documents.
- Presiding over the implementation of measures to prevent tax loss in the field of mineral resources in the province; guide, inspect and supervise the observance of regulations on taxes, fees and charges by organizations and individuals engaged in mineral activities; especially strengthen the inspection of financial obligations for licensed mines within the term.
14. Provincial Market Management Department
To assume the prime responsibility for, and coordinate with relevant agencies in, intensifying inspection and control of illegal trading, transportation, storage and consumption of minerals and commercial frauds in the mineral sector in order to promptly prevent and handle according to the provisions of law. Through the inspection and control of minerals, promoting propaganda and mobilizing organizations and individuals in the area to strictly comply with the provisions of the law in mining, processing and purchasing activities, selling, transporting, storing and trading in minerals.
15. Thai Nguyen Newspaper, Provincial Radio - Television Station
To assume the prime responsibility for, and coordinate in, the development and implementation of columns, reports and articles on the situation of mineral activities and dissemination of legal regulations on minerals; reflect typical, advanced examples or violations of the mineral law.
16. People's Committees of districts, cities and towns
- Determining the tasks and requirements for local mineral management; based on the objectives, tasks and solutions of the Scheme and regulations of the law on minerals, develop an annual plan for implementation in the locality, especially in localities where there are many mineral activities; coordinate with other departments to organize the implementation of tasks related to the management of mineral resources in the area under their management.
- Focus on presiding over, coordinating, advising and organizing the implementation of the following main tasks:
+ Direct the commune-level People's Committee to take measures to protect unexploited minerals. At the same time, organize the inspection, control, timely detect and handle according to its competence activities of illegal mining, processing, trading, storing and transporting minerals in the area. When necessary, mobilize and direct the forces in the area to coordinate to immediately clear and prevent illegal mineral activities.
+ Develop regulations on coordination in the management of mineral activities in the bordering areas between two districts, cities and towns. Organizing the implementation of measures to protect unexploited minerals; mobilize and direct the coordination of forces in the area to clear and prevent illegal mineral activities. Develop annual budget estimates for the protection of unexploited minerals.
+ Organize the propagation of the law on mineral resources on the radio and television stations of the district. Propaganda and education on the law on minerals in localities with many illegal mineral activities by the following methods: District-level Division of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with Party Committees, People's Councils, People's Committees, departments and branches in. of the commune level to organize a conference to propagate, disseminate and thoroughly grasp the provisions of the Mineral Law, the regulations of the Provincial People's Committee, the contents of the Project on strengthening the management of mineral resources of the Provincial People's Committee, of the District People's Committee. Participants in the conference were invited to the heads of hamlets, village heads, party cell secretaries, heads of women's unions, youth, veterans, farmers of hamlets and villages.
+ Coordinating with functional branches of the province in organizing the auction of mineral mining rights and inspecting and handling violations of organizations and individuals engaged in mineral activities in the area under their management in the observance of regulations on environment, land use, safety protection of the road and bridge system, budget obligations, contribution to the construction and protection of infrastructure works...
+ Report to the Provincial People's Committee, functional branches in the province, and propose handling measures for organizations and individuals that violate the provisions of the mineral activity license and relevant laws to mineral activities. Carry out inspection, control, clearance and handling according to competence for illegal mineral activities, processing, trading, storing and transporting minerals in the locality. Report to the Provincial People's Committee (via the Department of Natural Resources and Environment) before December 15 every year on the protection of unexploited minerals in the locality.
- The Chairman of the People's Committee of the district shall take full responsibility before the Provincial People's Committee and the Chairman of the Provincial People's Committee if there is an illegal mining of minerals in the area under their management.
17. People's Committees of communes, wards and townships
To assume the prime responsibility for, and coordinate with, the organization of well performing the tasks under their management according to local regulations and a number of key tasks as follows:
- For licensed mineral activities: Supervising and inspecting the observance of the provisions of the law related to mineral activities on measures to protect the environment, use land, return the land and restore environment in mineral exploitation, protect local social order and safety, contribute to the construction of local infrastructure.
- For unexploited minerals:
+ Propagating, disseminating and educating the law on minerals to all people in the area under their management.
+ Manage and protect unexploited mineral resources. Timely detection and prevention of illegal mineral activities; coordinate with functional agencies to protect unexploited minerals in the area.
+ Inspect, supervise and handle according to their competence organizations and individuals that illegally exploit, process, trade in minerals.
+ Expelling out of the area the subjects of illegal mineral extraction and processing who are not local people.
- For hotspots of illegal mineral extraction:
+ Request the whole political system of the commune level, including: Party Committee, People's Council, People's Committee, political and social organizations to synchronously participate in propaganda and education of cadres, party members and members.
+ Strictly handle according to their competence the illegal mining activities. In case of intentional violation, make a dossier in accordance with regulations and send it to the competent agency for handling.
+ Review and clarify the responsibilities of organizations and individuals for the occurrence of illegal mineral exploitation and illegal mineral activities.
- The Chairman of the Commune People's Committee is fully responsible to the District People's Committee and the Chairman of the District People's Committee if there is an illegal mining of minerals in the area.
- Actively propagate and mobilize people to actively participate in the supervision of mineral exploitation activities of organizations and individuals in the area; detect and promptly notify local authorities and report to competent authorities cases of violations of the law on minerals for timely settlement.
- Report to the district-level People's Committee before June 10 and December 10 every year on the protection of unexploited minerals in the locality.
18. Organizations and individuals exploiting minerals
- Be responsible for complying with the laws on minerals and other relevant laws; fully implement the committed environmental protection measures to ensure the minimization and minimization of adverse impacts on the environment.
- To perform the obligations specified in Article 55 of the 2010 Law on Minerals, in which proactively and in close coordination with local authorities:
+ To protect mineral resources in the area permitted to exploit and preserve minerals that have been exploited but have not yet been used;
+ Exploit rationally, economically and make maximum use of minerals; ensure occupational safety and occupational hygiene; take measures to protect the environment;
+ Comply with regulations on administrative management, social order and safety in the locality where the mine is exploited;
+ To fulfill obligations to ensure the interests of local people where minerals are mined, such as combining the requirements of mining activities with infrastructure investment, environmental protection and restoration of land; give priority to attracting local workers to mineral activities and related services;
+ Comply with regulations on deposit for environmental restoration in mineral extraction according to the provisions of law; to close mines, restore the environment, ecology, and land when the mining license expires.
- Fully arrange staff with expertise in geology, minerals, environment, and land to undertake the work of the unit.
IV. Implementation organization
1. Departments, departments and branches of the province, the People's Committee of the district and related agencies and units, according to their management functions and tasks assigned in the Scheme, develop detailed plans for the implementation of the contents of the project. The scheme and report to the Provincial People's Committee on the implementation plan before October 15, 2021; Annually (before December 15) report to the Provincial People's Committee (through the Department of Natural Resources and Environment) the results of the implementation of the Project's tasks; ad hoc reports when required; report on the results of 5 years of project implementation. The contents of the reports must clearly state the performed and unrealized tasks; the cause has not been implemented; difficulties and problems and solutions; recommendations to the Provincial People's Committee.
2. Department of Natural Resources and Environment
- Organizing the implementation of the Project; urge, guide and inspect departments, agencies, branches, People's Committees at all levels to develop plans to implement the project's contents.
- Organize, update and monitor the implementation plan, urge and check the implementation of the Project's tasks by departments, agencies, People's Committees at all levels.
- Annually sum up and evaluate the results of the implementation of the Scheme; participate in annual emulation review for each organization and individual; review and draw experience from the results of the implementation of the Scheme; advise and propose the Provincial People's Committee to direct and strengthen the implementation of the contents of the Project.
- Report to the Provincial People's Committee the results of the implementation of the Project (before December 25 every year) and make an ad-hoc report at the request of the Provincial People's Committee.
Source: Vitic/ thuvienphapluat.vn
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